Bazuro v. Johnson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Solomon W. Johnson, as.president of, the American News Company, from an order of the. Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 5th day of February, 1902, denying the defendant’s motion to vacate an order theretofore entered in the action which granted the plaintiff’s motion for a preference.
1Opinion of the Court
Ingraham, J.:
The plaintiff served his notice of trial for the first Monday in January, and included therein a notice that on that day he would apply for an order preferring the case in pursuance of section 791 of the Code of Civil Procedure. For some reason that motion did not appear on the calendar of motions to be called on that day, the representative of the plaintiff alleging that he attended in court, believing that the said motion was upon the calendar, but that during the call of the calendar he was temporarily called to the Special Term to answer a motion there, and was not present at…
2Cited by1 opinion
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