Jacobs v. Feigenbaum

La Fetra, Ch. J.

This is a motion by the guardian ad litem of an infant, the sole plaintiff, for a preference for trial. She asks for said preference pursuant to section 138, subdivision 7, and section 141, subdivision 3, of the Civil Practice Act. Prior to the passage of chapter 173 of the Laws of 1904, this preference was granted in New York county, among other counties, in the sound discretion of the court, pursuant to the provisions of the act, which read in part as follows: “ * * * If it shall appear that the cause is entitled to a preference and is intended to be moved for trial at or…