Arnold v. Mayal Realty Co.

The facts are accurately stated in the prevailing opinion and need not be repeated.

The rule formerly was that a motion was “ made ”, not when the notice of motion was served, but on the return date in court *4(Low v. Bankers Trust Company, 265 N. Y. 264; Watkins v. Pacific Finance Co., 259 App. Div. 685). But in 1941, section 113 of the Civil Practice Act was amended (L. 1941, ch. 266) so as to add the following sentence: “ A motion is made when a notice thereof or an order to show cause is duly served.”

The motion herein was made January 22, 1947, on the last day of the two-year Statute of…