Upon the papers the court was fully justified in denying the motion for a preference. The denial by the court below, without prejudice in the event the plaintiff stipulated to waive a trial by jury, was a generous act on the part of the learned Trial Term in view of all the circumstances disclosed by the record. In any event, no preference is required for a nonjury trial, the nonjury calendar being presently current.
Order unanimously affirmed, with $20 costs and...
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