Cook v. Howard

The plaintiffs have applied for a preference pursuant to subdivision 5 of rule IV of the Trial Term Rules of this court. The situation presented seems unusual, and it is doubtful whether the express language of the rule warrants the precise relief requested. That rule provides that “ An action to recover for personal injuries resulting in permanent or protracted disability, or an action brought pursuant to Section 130 of the Decedent Estate Law, may be advanced to any Ready Day Calendar or otherwise preferred in the trial or hearing thereof, on motion of the justice presiding at Trial Term…