Heretofore the court preferred this action under rule 151 of the Rules of Civil Practice and set the matter down for trial for April 1, 1957 at Trial Term Part I. The preference was also granted under rule 8 of the Trial Term Rules of this court. By letter written to this court under date of December 22, 1956, the attorney for the defendant pointed out that another Justice of this court refused to grant a rule 9 preference and asks...
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