Marsh v. Standard Structural Co.
City of New York Municipal Court
Appeals by the defendant, appellant, from an order made May 2, 1901, advancing this case for trial on the short cause calendar in Part IV, and also from an order made May 13, 1901, amending the same and sending the case to Part I for trial. The plaintiff first noticed the case for trial for April tenth, and his motion for an order placing it on the short cause calendar was made returnable April ninth.
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Appeals by the defendant, appellant, from an order made May 2, 1901, advancing this case for trial on the short cause calendar in Part IV, and also from an order made May 13, 1901, amending the same and sending the case to Part I for trial. The plaintiff first noticed the case for trial for April tenth, and his motion for an order placing it on the short cause calendar was made returnable April ninth. He defaulted but the default was opened and the order of May 2, 1901, was made. The defendant procured this to be modified by the order' of May 13, 1901. Rule XIV of the City Court provides for…
1Opinion of the CourtHascall, J.
The respondent evidently mistook his right under section 791 of the Code of Civil Procedure. He was doubtless' entitled to a preference on either of two grounds, but could not urge a right to a statutory preference for the reason that he could try his cause within an hour, or vice versa. He claimed theyight to advance a one-hour cause under subdivision 8 of the said section. He should have noticed and moved at Trial Term for advancement (92 N. Y. 647, 13 Civ. Pro. 166), or else *382made Ms motion to have the cause placed upon the calendar of Part IV because on contract.
' Rule XIV (of the City…
2Cases cited1 opinion
- Fox v. QuinnNew York Court of Common Pleas · 1890
3Cited by2 opinions
- Ferraca v. Aaron Miller Realty Co.City of New York Municipal Court · 1907
- Ferraca v. Aaron Miller Realty Co.New York City Court · 1907