Malus v. Alter

Two actions based on a single torb were brought, one in the Municipal Court for loss of services and the present in the City Court for personal injuries. The first having been tried, a preference has been granted in this case on the sole ground that some of the issues have already been adjudicated in the Municipal Court and the trial of the present action will take less than one hour. The application for a preference stated that it was based upon rule 3 of the Rules of the City Court of the City of New York and sections 138 and 141 of the Civil Practice Act. There is no specific provision in…