Gegan v. Union Trust Co.
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, the Union Trust Company of New York, as executor, etc., of John H. Drake, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of May, 1907, granting plaintiff’s motion to have the trial of the issues herein given a preference upon the ground that the sole defendant is an executor, and setting the case down for trial in Special Term, Part 3,…
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• Appeal by the defendant, the Union Trust Company of New York, as executor, etc., of John H. Drake, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of May, 1907, granting plaintiff’s motion to have the trial of the issues herein given a preference upon the ground that the sole defendant is an executor, and setting the case down for trial in Special Term, Part 3, on the 24th .day of June, 1907.
1Per curiam
Eo special facts or circumstances — other than the fact that the. defendant is an executor — are shown in the moving papers, to warrant the exercise of the discretion. of the court, and, therefore, under the well-established practice in this department, the plaintiff was not entitled to a preference excepting over non-preferred issues noticed for the same term. (Morse v. Press Publishing Co., 71 App. Div. 351; Martin's Bank, Ltd., v. Amazonas Co., No. 1, 98 id. 146.) It does not clearly appear whether or not the order made constitutes a preference in the trial of the issues in this action…
2Cases cited3 opinions
- Morse v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Marks v. MurphyAppellate Division of the Supreme Court of the State of New York · 1898
- Ziegler v. TrenkmanNew York Supreme Court · 1899
3Cited by1 opinion
- Gehrt v. DeaneCity of New York Municipal Court · 1908