New York Life Insurance and Trust Company v. . Cuthbert

Motion to prefer an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 16, 1898, modifying and, as modified, affirming a judgment entered upon the report of a referee. The motion was made upon the ground that one of the defendants died after the action was at issue and that the appeal was entitled to a preference under subdivision 4, section 791 of the Code of Civil Procedure.