Fisher v. Smith

Two novel issues are presented by this appeal. Firstly, whether the City Court is authorized to deny a preference under special rule I of the Buies of the City Court of the City of New York, Kings County Division, in a situation where a case has been removed to that court from the Supreme Court after a denial of a preference in the Supreme Court and the removal upon stipulation of the plaintiff’s attorney and an order entered thereon, and secondly, whether a Justice of the City Court passing upon a case pursuant to special rule I of the City Court has the right to take into consideration, in…