Which CPLR provision governs the requirement that the notice of a motion for preference be served with the note of issue?

• A. CPLR 4107
• B. CPLR 3403
• C. CPLR 4106
• D. CPLR 3401

Answer: (B)

The requirement is about how a party must notice a request for trial priority. The provision that directly covers serving the notice of a motion for preference together with the note of issue is CPLR 3403. This rule ensures that both the motion to obtain a faster trial date and the case’s readiness for trial (as signaled by the note of issue) are brought to the attention of the court and all adverse parties at the same time, promoting transparency and timely calendaring.

This linkage helps prevent surprise and keeps the court's calendar organized, since the party is not only asking for priority but also signaling that the case is ready for trial. Other provisions deal with different aspects of notices and filings and do not specifically regulate this combined requirement, so CPLR 3403 is the correct anchor for this rule.