Blumenthal v. Schweinburg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sigmund Blumenthal, 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 16th day of February, 1900, denying his motion to place the cause upon the calendar for preferred causes. The action was for slander.
1Opinion of the Court
Per Curiam :
The order denying the plaintiff’s motion to put this cause- upon the preferred calendar must be reversed. It appears from the memorandum of the justice who made the order that the motion was “ denied on the ground of laches.” The action was entitled to a preference under subdivision 11 of section 791 of the Code of Civil Procedure. The plaintiff’s practice conformed to the requirements of the statute, and his right to a preference was not lost by neglect. Issue- was joined on October 31, 1899, by the service of the defendant’s answer. The time to serve an amended answer would not…
2Cases cited1 opinion
- Haskin v. MurrayAppellate Division of the Supreme Court of the State of New York · 1898