Meyerson v. Levy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel Levy, from an order of the Supreme Court, made at the Hew York Trial Term" and .entered in the office of the clerk of the county of Hew York on the 12th day of December, 1906, granting the plaintiff’s motion for a preference.
1Opinion of the Court
Houghton, J.:
The sole plaintiff being an infant he would have been entitled;, under the provisions of subdivision 5 of section 791 of the Code of *476Civil Procedure, to a preference on the-calendar had he pursued the proper practice.
On the 8th day of October, 1906, the plaintiff’s attorney served a notice of trial for the November term following, together with a notice of motion for a preference, returnable on the first Monday of that term. The defendant also noticed the cause for trial for the same ' term. The plaintiff did not appear upon the return of his motion and it was dismissed on…
2Cases cited2 opinions
- Marks v. MurphyAppellate Division of the Supreme Court of the State of New York · 1898
- Bazuro v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Whitton Automotive Parts Co. v. Yale Electric Corp.New York Supreme Court · 1930