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ROMAN v. CAPUTO

278 A.D. 327 (1951)

Louis Roman, on Behalf of Himself and All Members of Brotherhood of Painters, Decorators and Paper Hangers of America, of District Council No. 9 for The Boroughs of Manhattan and The Bronx, Similarly Situated, Respondent, v. Louis Caputo, as President, or Martin Rarback, as Secretary-Treasurer of District Council No. 9, Brotherhood of Painters, Decorators and Paper Hangers of America for the Boroughs of Manhattan and The Bronx, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 29, 1951.

Attorney(s) appearing for the Case

George Rifkin of counsel (David I. Ashe with him on the brief; Ashe & Rifkin, attorneys), for appellant.

Solomon Surowitz of counsel (Surowitz & Ruskin, attorneys), for respondent.

GLENNON, J. P., COHN, CALLAHAN, SHIENTAG and HEFFERNAN, JJ., concur.

Per Curiam.

There is no compelling reason here presented why there should be a departure from the well-recognized requirement that a note of issue must be filed at least twelve days before the commencement of any term and that a preference should not be granted until an action is properly on the calendar (Rules Civ. Prac., rules 150, 151; Manarrow Realties, Inc., v. Conrad Corp., 222 App. Div. 652; cf. Zimmerman v. Rahmeyer, 230 App. Div. 719...

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