Klein v. National Dye Works, Inc.

Full title: LILY KLEIN et al., Respondents, v. NATIONAL DYE WORKS, INC., Appellant

Court: Supreme Court, Appellate Term, Second Department

Date published: Feb 10, 1959

17 Misc. 2d 516 (N.Y. App. Term 1959)

191 N.Y.S.2d 397

Opinion

February 10, 1959

Appeal from the City Court of the City of New York, Queens County, J. IRWIN SHAPIRO, J.

Frederick Behr, Jr., for appellant.

William H. George for respondents.

Per Curiam.

Rule 151 of the Rules of Civil Practice provides that civil causes shall be tried in the order in which notes of issue have been filed except as may otherwise be provided by the rule of any Appellate Division. The Appellate Division of this Department has not promulgated any rule authorizing a preference in the City Court in a case where a party has refused to waive a jury trial or for any other reason. Accordingly the application is denied without prejudice to an application for a preference under rule 151.

The order granting preference of the trial of this action, which order set the case down for a date certain, should be reversed and the application denied.

Concur — PETTE, HART and DI GIOVANNA, JJ.

Order reversed, etc.