Kerry v. American Warm Air Heating Co.

Charles Lambíase, J.

This is a motion by plaintiffs ‘ ‘ for an order granting a preference in the above entitled action, pursuant to the Rules of the Court in such cases made and provided and for such other and further relief as to the Court may seem just and proper.” (Notice of Motion.)

The action is one to recover damages (a) for personal injuries sustained by the plaintiff, Julia D. Kerry, as the result of an automobile accident, and (b) for her husband, plaintiff John H. Kerry, the latter’s cause of action being derivative of his wife’s cause of action.

It is asserted in the moving papers…