Koldowsky v. Dubin

The decision in Jacobs v. Feigenbaum (143 Misc. 128, City Court, New York county) is relied upon as authority for granting the motion. It was there held that ever since the enactment of chapter 173 of the Laws of 1904, it has become mandatory upon the court to grant a preference and set the trial for a day certain during the term in certain actions enumerated in the statute, including one where an infant is sole plaintiff. It is true that that statute, which amended section 793 of the Code of Civil Procedure, used language mandatory on its face. The statute, however, within a year of its…