Cincotta v. Chas. Pfizer & Co.

Plaintiff moves for a preference under rule 7 of the Kings County Supreme Court Trial Term Rules after placing this action on the jury Trial Term Calendar. Defendant does not oppose the preference but cross-moves to transfer the action from the jury Trial Term Calendar to the Special Term Equity Calendar, contending that the complaint sounds in equity. In addition, it cross-moves for an order, pursuant to subdivision 3 of section 443 of the Civil Practice Act, directing that the issue of defendant’s liability be tried prior to trial for the claimed damages.

The complaint states three causes of…