Rule XI of the New York County Supreme Court Trial Term Rules provides for priority of examination of parties before trial. Subdivision 4 thereof, states: "In actions based on contract, or in equity, plaintiffs generally shall be entitled to priority of examination, except where it appears that by reason of counterclaims contained in the answer it would be proper that plaintiffs be examined first, as to such counterclaims". No counterclaims have been interposed in this action...
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