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MARQUARDT v. McLEAN

23 Misc.2d 998 (1960)

Natalie Marquardt, as Administratrix with the Will Annexed of John N. Marquardt, Deceased, Plaintiff, v. James N. McLean et al., Defendants.

Supreme Court, Trial Term, Nassau County.

July 1, 1960.

Attorney(s) appearing for the Case

Paltrow & Paltrow for plaintiff. James A. McKaigney for James N. McLean and another, defendants. Benjamin Weinstock for Peter Fefandjel, defendant.

MARIO PITTONI, J.

The plaintiff's motion for a preference pursuant to rule 151 of the Rules of Civil Practice is granted.

The defendants' objection that the plaintiff did not seek a preference at the opening or during the term for which the case has been noticed, would if sustained, frustrate the interests of justice in this case. Therefore, in the exercise of my discretion, I am ruling against this...

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