Waters, Inc. v. Hatters' Fur Exchange, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hatters’ Fur Exchange, Inc., from so much of the order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 18th day of December, 1918, as grants a preference in this action and directs that the cause be placed on the day calendar of Part 14 for trial on January 6, 1919. An appeal is also taken from an order entered in said clerk’s office on the 26th day of December, 1918,…
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Appeal by the defendant, The Hatters’ Fur Exchange, Inc., from so much of the order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 18th day of December, 1918, as grants a preference in this action and directs that the cause be placed on the day calendar of Part 14 for trial on January 6, 1919. An appeal is also taken from an order entered in said clerk’s office on the 26th day of December, 1918, denying a motion for a reargument of the prior order.
1Opinion of the Court
Laughlin, J.:
The notice of motion for the order was not served with the notice of trial as required by section 793 of the Code of Civil Procedure, and rule 3 of the Trial Term Rules, and the application should have been denied on that ground. (Marks v. Murphy, 27 App. Div. 160; Eckhard v. Jones, 45 id. 562; Meyerson v. Levy, 117 id. 475; Mclntire v. National Nassau Bank, 150 id. 668.)
But if the application had been timely made, it should not have been granted.
The order was granted solely on the ground that a material witness for the plaintiff was seventy-three years of -age and ill, and it is…
2Cases cited3 opinions
- Riglander v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Marks v. MurphyAppellate Division of the Supreme Court of the State of New York · 1898
- Empire City Racing Ass'n v. National Fair & Exposition Ass'nAppellate Division of the Supreme Court of the State of New York · 1915
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