Shapiro v. Rockland Light & Power Co.

Motion by the plaintiff for preference on the calendar for the May Trial Term of the Supreme Court for Sullivan county under subdivision 20 of section 138 of the Civil Practice Act.

This subdivision gives the court power, in the exercise of its discretion, to order a preference in a particular case, but the exercise of the discretion must be based upon facts which justify a departure from the usual rule. This action, upon whatever theory it may be tried, is simply one to recover compensation for an alleged injury to real property and to a business conducted thereon. It may be that such injury…