Dooley v. Paget

The motion is under section 791 of the Oode, on the ground that the) sole plaintiff suesi as administratrix The defendant raises the objection that the notice of motion does not state that1 it is made upon the pleadings, as well as upon the notice of trial and upon the affidavits; and the defendant’s counsel cites Roberts v. Jenkins, 52 App. Div. 491, and Marando v. Gillespie Co., 54 id. 488, in support of his contention. These authorities hold that the right to a preference upon the calendar will not he inferred from the simple fact that the title of the *45action indicates that the plaintiff…