
    Henry Siefke, Plaintiff, v. Herman Siefke, Defendant.
    (Supreme Court, New York Trial Term,
    October, 1897.)
    Practice — Piling of note of issue.
    A note of issue must be filed for the term for which the action was noticed for trial; and if it is filed subsequently, the notice of trial is ineffectual, and the case will be stricken from the calendar.
    Motion to strike cause from calendar.
    William Allen, for motion.
    George W. McAdam, opposed.
   Gildersleeve, J.

The motion is made to strike the cause from, the calendar for the reason that the notice of trial was served for the June term of 1895, whereas the note of issue was not filed until March 21, 1896, some nine months after the commencement of that term. As no note of issue was filed for the term for which the cause was noticed for trial, the notice is ineffectual, and the motion must be granted. See Gowing v. Levy, 17 N. Y. Supp. 771; also Nationalizing Carbonating Co. v. Standard Aerating Co., Law Journal of October 27, 1896.

Motion granted.  