COOPER v. DONALD


10 A.D.2d 704 (1960)

Richard Cooper, Appellant, v. Richard W. Donald et al., Respondents

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

March 29, 1960


Order denying a motion for a preference under subdivision 5 of rule V of the Trial Term Rules unanimously reversed, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion granted, with $10 costs.

The affidavits disclose injuries, and special damages attributable to them, sufficient to warrant a preference within the meaning of the rule (Chernow v. City of New York, 6 A.D.2d 1000

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