(a) Any party claiming a preference under CPLR 3403 may apply to the court in the manner prescribed by that rule, the note of issue therein referred to being deemed a reference to a notice of trial.
(b) Counterclaims and cross-claims. A counterclaim or cross-claim which is not entitled to a preference shall not itself defeat the plaintiff’s right to a preference under this section.
(c) Result of preference being granted. If a preference is granted, the action shall be placed ahead of all nonpreferred pending cases, as directed by the court, unless the court otherwise orders.
Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.