Haft v. Schmeltzer

From orders granting motions for a preference in four similar actions of replevin, defendants appeal.

The motions were made under subdivision 2 of rule VI of the New York County Supreme Court Trial Term Rules. This provides that in an action of replevin an application for a preference may be made and granted “ if, upon the affidavits so submitted and the affidavits of the opposing party, the court shall be satisfied that there is no substantial defense to the action, or that the answer was not interposed in good faith, or was interposed for the purpose of delay * * Thus it must appear that…