Renzler v. Slag Co. of America

The defendants move for an order vacating the order of this court granting a preference at a Pre-Trial Term. The plaintiff suffered personal injuries which he claims were the result of negligence on the part of the defendants and sues to recover damages sustained as a consequence. The defendants contend that the court was without *171authority to grant a preference, inasmuch as the conditions of rule 2A of this court were not met by the plaintiff.

In Bailey v. Smith (27 Misc 2d 168) decided herewith, the court has traced the power of the court to grant a preference under rule 2A, and held that it…