Koerner v. Kelley

Appellate Terms of the Supreme Court of New York

Koerner v. Kelley

56 Misc. 605, 107 N.Y.S. 538

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1907

StatusPublished

This text of 56 Misc. 605 (Koerner v. Kelley) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Koerner v. Kelley, 56 Misc. 605, 107 N.Y.S. 538 (N.Y. Ct. App. 1907).

Pincite

Opinion

Per Curiam.

Issue was joined in this action on May 25,. 1906,. and plaintiff, on January 29, 1907, noticed the cause for trial for the February term, 1907. Ho notice of application for a preference was served, although it appeared upon the face of the complaint that plaintiff was entitled to a » preference under subdivision 5 of section 791 of the Code of Givil Procedure. 'On May 6, 1907, plaintiff served a notice of motion, returnable on the thirteenth, for a preference; and on the seventeenth this motion was granted and an order entered setting the cause down for trial on the twenty-third. The plaintiff, by his failure to serve notice of application for a preference with his notice of trial, waived any claim to such preferment. Code Civ. Pro., § 793; Rule III, Rules of the City Court of the city of Hew York.

Present: Gildersleeve, Guv and Bruce, JJ.

Order reversed, with ten dollars costs and disbursements, and motion for preference denied, with ten.dollars costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Issue was joined in this action on May 25,. 1906,. and plaintiff, on January 29, 1907, noticed the cause for trial for the February term, 1907. Ho notice of application for a preference was served, although it appeared upon the face of the complaint that plaintiff was entitled to a » preference under subdivision 5 of section 791 of the Code of Givil Procedure. 'On May 6, 1907, plaintiff served a notice of motion, returnable on the thirteenth, for a preference; and on the seventeenth this motion was granted and an order entered setting the cause down for trial on the twenty-third. The plaintiff, by his failure to serve notice of application for a preference with his notice of trial, waived any claim to such preferment. Code Civ. Pro., § 793; Rule III, Rules of the City Court of the city of Hew York.

Present: Gildersleeve, Guv and Bruce, JJ.

Order reversed, with ten dollars costs and disbursements, and motion for preference denied, with ten.dollars costs.

Cite This Page — Counsel Stack

Bluebook (online)

56 Misc. 605, 107 N.Y.S. 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koerner-v-kelley-nyappterm-1907.