National Carbonating Co. v. Standard Aerating Co.

I do not think that the court should authorize a note of issue to be filed nunc pro tunc in order to give vitality to a notice of trial which is a nullity because given for a term for which no note of issue was filed. While the court may incorporate such a provision in an order as a condition of granting a favor for which the opposite party applies, it becomes effective only through the acceptance of the benefits of the order granting the relief asked for. *1017No such case is presented here, for the plaintiff, conceding the error, moves that it may be corrected by a nunc pro tunc filing. _ The…