Davis v. Friedman
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office on the 4th day of February, 1921, advancing a cause to the preferred calendar of Special Term, Part III. •
1Opinion of the CourtPage, J.
This cause was not entitled to a preference over other causes, either by the provisions of section 791 of the Code of Civil Procedure or by rule VIII of the Special Term Rules for New York county. Furthermore, the order was granted prior to the service of a notice of trial. Section 793 of the Code of Civil Procedure provides that in certain counties, among which is New York county, “ the party desiring a preference of any cause *927shall serve upon the opposite party, with his notice of trial, a notice that an application will be made to the court at the opening thereof * * * for leave to move…
2Cited by5 opinions
- Pelzer v. PerryAppellate Division of the Supreme Court of the State of New York · 1922
- Ham v. StateNew York Court of Claims · 1957
- Holdridge v. CalderNew York Supreme Court · 1933
- Esposito v. National Transportation Co.City of New York Municipal Court · 1931
- Giovanazzi v. Liberty Stevedoring Co.Appellate Division of the Supreme Court of the State of New York · 1924