Smyth v. Dow Realty, Inc.

In this commercial action a motion is made for a preference pursuant to rule 11 of the Nassau County District Court Rules.

The thrust of the defendant’s objection is that the notice of motion was not served until six months after the notice of trial.

Rule 11 provides:

“ (b) The court in its discretion may also grant a preference in an action of a commercial nature * * *

“ (c) A motion for a preference under this Rule shall be made in accordance with Rule 3403(b) of the CPLR, the note of issue therein referred to being deemed a reference to a notice of trial. ’ ’

CPLR 3403 (subd. [b]) reads:…