Hyperlawhypertext legal database Stokes v. Investors' & Traders' Realty Co. 122 N.Y.S. 679

← Cases

Stokes v. Investors' & Traders' Realty Co.

122 N.Y.S. 679 Court N.Y. App. Div. Decision date 1910-04-29 English

Contents

Majority

p. 679
STOKES v. INVESTORS’ & TRADERS’ REALTY CO. et al.
(Supreme Court, Appellate Division, First Department.
April 29, 1910.)

Headnote

Trial (§ 13[1] )—Calendars—Preference—Rules of Court.
Plaintiff being clearly entitled to a preference under the rules of the court, it was error to refuse his motion therefor.
[Ed. Note.—For other cases, see Trial, Dec. Dig. § 13.[1] ]
Appeal from Special Term, New York County.
Action by Jane A. Stokes against the Investors’ & Traders’ Realty Company and others. From an order denying his motion for a preference, plaintiff appeals.
Reversed and granted.
Argued before INGRAHAM, P. . J., and McLAUGHLIN, CLARKE, SCOTT, and DOWLING, JJ.
George W. Carr, for appellant.
Charles L. Hoffman, for respondents.

As the plaintiff was clearly entitled to a preference under the rules of this court, it was. error for the judge below to' refuse to grant it.

The order is therefore reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.