Altieri v. Altieri

Appeal from an order of the Supreme Court at Special Term, entered December 30, 1974 in Albany County, which granted defendant’s motion for a trial preference for this action. Seeking to impress a trust on real property held solely in the name of his defendant wife, plaintiff commenced this action by filing a notice of pendency in the Albany County Clerk’s office on December 10, 1973 and service of summons on December 19, 1973. Subsequently, at Special Term in Schenectady County, defendant moved for a trial preference for this case on the grounds that she was "in need of the moneys to be…