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Shiebler v. Suffolk Gas & Electric Light Co.

140 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1913-02-14 English

Contents

Majority

p. 1145
SHIEBLER, Appellant, v. SUFFOLK GAS & ELECTRIC LIGHT CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
February 14, 1913.)

Headnote

Action by Marvin Shiebler against the Suffolk Gas & Electric Light Company.

Prior to the amendment of the calendar rules on October 18, 1912, under authority of Sprague v. Tangier Development Co., 152 App. Div. 921 , 137 N. Y. Supp. 745 , we think that plaintiff was entitled to the preference asked for. Order reversed, and motion for a preference granted; but, in view of the unsettled state of the law at the time that the application was made, such reversal should be without costs.

HIRSCHBERG, J., dissents.