Bruxey v. Burke

This is a motion' to strike the cause from the calendar for the plaintiff’s failure to serve a notice of trial until some 19 months after he had filed his note of issue herein. The plaintiff, on the other hand, makes a counter motion to amend the note of issue nunc pro tunc as for the November term of 1897, and to have the cause advanced on the calendar.

The defendants’ motion is well taken. The cases of Gowing v. Levy (Sup.) 17 N. Y. Supp. 771, and National Carbonating Co. v. Standard Aerating Co. (Sup.) 47 N. Y. Supp. 1016, have established the rule in this department that a note of issue…