Special preferences
(a) Any party claiming a preference under CPLR 3403 may apply to the court by making a motion in a motion part, in accordance with CPLR 3403(b), the note of issue therein referred to being deemed a preference 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 on a ready calendar for a day certain ahead of all nonpreferred pending cases, as directed by the court, unless the court otherwise orders.
A party claiming a preference under CPLR 3403 moves in a motion part per CPLR 3403(b). A non-preferred counterclaim/cross-claim doesn't defeat the plaintiff's preference. If granted, the case goes on a ready calendar for a day certain ahead of non-preferred cases.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 6 — The JG-22 Uniform Rules and Everything Else and in Volume 1 — The JG-22 in Plain English.