Cohen v. Thomas

Plaintiff moves for an order placing this cause upon the preferred calendar of the Special Term. The motion was made upon two days’ notice, given subsequently to the service of the notice of trial. Ho notice that an application would be made for leave to move the cause for trial as" a preferred cause was served with the notice of trial. Preference is asked under the provisions of subdivision 10 of section 791 of the Code of Civil Procedure, and facts are stated in the plaintiff’s affidavit submitted upon the motion tending to show that the plaintiff will be seriously injured by delay in the…