Majority
p. 904Lillian Lederer, Appellant, v. Carl Kaufman, Respondent.
Headnote
Practice — calendar in Bronx county.Appeal from an order of the Supreme Court, made at Bronx Trial Term, denying the plaintiff’s motion to have this cause placed on the special calendar.
This action was to recover upon, an obligation for the payment of a specific sum of money and hence entitled to be placed upon the special calendar for trial pursuant to subdivision 1 of rule IV of the Special and Trial Term Rules of the Supreme Court in Bronx county. We are reluctant to interfere with the disposition of a calendar motion by the Trial Term, and only do so because we apprehend that the motion was denied under a misconstruction of the rule and not in the exercise of discretion. The order should be reversed and the motion granted. Present — Clarke, P. J., Scott, Smith, Page and Davis, JJ. Order reversed and motion granted.