MEYERS v. CITY OF NEW YORK


7 A.D.2d 903 (1959)

Gertrude Meyers, Appellant, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 17, 1959


Order unanimously affirmed, with $20 costs and disbursements to the respondent.

Under the circumstances of this case, Special Term appropriately exercised its discretion in denying this motion for a preference under rule 151 of the Rules of Civil Practice. The plaintiff delayed making this application for a preference under rule 151 for approximately nine months after issue was joined. The papers do not include an affidavit by the plaintiff and no showing of a meritorious...

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