Majority
p. 1134KILKENNEY v. CORNELL STEAMBOAT CO. (Supreme Court, Appellate Division, First Department. May 15, 1908.)
Headnote
Action by James Kilkenney, administrator, against the Cornell Steamboat Company. From an order granting the cause a preference over other issues, defendant appeals. Modified and affirmed.A. Van Etten, for appellant.
A. Weil, for respondent.
The order should be modified, by giving this action a preference over other issues noticed for the March term of 1908, and striking out provision setting the case down for trial for a day certain, and, as so modified, affirmed, with $10 costs and disbursements to the appellant.