Heep v. Cabel

Appellate Division of the Supreme Court of New York

Heep v. Cabel

240 A.D. 859

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1933·Published

Opinion

Order reversed on the law, without costs, and the motion denied, without costs. The court was without power to grant a special preference to the plaintiff under subdivision 21 of section 138 of the Civil Practice Act. Preferences provided for by that section are granted only over the issues noticed for the same term. (Yorkshire Ins. Co., Ltd., v. Raw Fur & Skin Trading Co., 233 App. Div. 486; Weinberg v. National Transportation Co., Inc., 239 id. 905.) Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.

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Order reversed on the law, without costs, and the motion denied, without costs. The court was without power to grant a special preference to the plaintiff under subdivision 21 of section 138 of the Civil Practice Act. Preferences provided for by that section are granted only over the issues noticed for the same term. (Yorkshire Ins. Co., Ltd., v. Raw Fur & Skin Trading Co., 233 App. Div. 486; Weinberg v. National Transportation Co., Inc., 239 id. 905.) Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.

Heep v. Cabel, 240 A.D. 859 (N.Y. Ct. App. 1933).

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Opinion

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