Rudolph v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Rudolph, as administratrix, etc., of". Ernest Rudolph, deceased, from an order of the Supreme Court, made at the New York Trial Term and entered in tire office of the-clerk of the county of New York on the 11th day of May, 1900,.. denying the plaintiff’s motion for a preference on the calendar.
1Per curiam
It appears from the papers used upon the motion that on the 21st”. of April, 1900, a nótice of trial for. the first Monday of May was served on the defendant’s attorney, and two or three hours later on the same day plaintiff’s attorney served a notice that a motion would be made also on the first Monday of May for a preference on the-calendar. The preference was claimed under subdivision 5 of sec-*195tion 791 of the Code of Civil Procedure. The motion for a preference was denied upon the ground that the notice claiming the preference was not served with the notice of trial.
It is not necessary…
2Cases cited1 opinion
- Gilbert v. FinchAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Jensen v. WeinhandlerAppellate Division of the Supreme Court of the State of New York · 1921
- Thompson v. Post & McCordAppellate Division of the Supreme Court of the State of New York · 1908