Marquardt v. McLean

The plaintiff’s motion for a preference pursuant to rule 151 of the Rules of Civil Practice is granted.

The defendants’ objection that the plaintiff did not seek a preference at the opening or during the term for which the case has been noticed, would if sustained, frustrate the interests of justice in this case. Therefore, in the exercise of my discretion, I am ruling against this contention. (Hanley v. Byrne Bros., 155 N. Y. S. 2d 607, 609, affd. 2 A D 2d 873 [2d Dept.].)

The objection that the preference is sought by an administratrix is without sufficient merit (Utnicki v. City of New York,…