Merchants National Bank & Trust Co. v. Cargian

Order unanimously reversed, with costs to third-party plaintiffs, and motion denied. Memorandum: On a prior motion by third-party plaintiffs, the court vacated the note of issue which had been filed and struck this case from the calendar. A new note of issue placing the case upon the calendar has never been served or filed (see CPLR 3402, subd fa]; 3403, subd [b]). It was thus error to grant third-party defendants’ motion for a trial preference (Irish Constr. Co. v Standard Vending Corp., 47 AD2d 706; Moran v Portchester Iron Works, 11 AD2d 783; Vinal v New York Cent. R.R. Co., 48 Misc 2d…