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VINAL v. NEW YORK CENT. R.R. CO.

48 Misc.2d 362 (1965)

Russell W. Vinal, Plaintiff, v. New York Central Railroad Company, Inc., Defendant.

Supreme Court, Special Term, Albany County.

November 18, 1965

Attorney(s) appearing for the Case

Herzog, Nichols, O'Brien & Leahy (D. Arthur Leahy of counsel), for plaintiff. Whalen, McNamee, Creble & Nichols (Earl H. Gallup, Jr., of counsel), for defendant.

LAWRENCE H. COOKE, J.

Plaintiff moves "for a preference in the above entitled action, pursuant to Rule 3403 of the CPLR, Subdivision (A) 3", it appearing that an order has been entered directing a separate prior trial of issues raised by the affirmative defense of the Statute of Limitations in the answer and issues of estoppel or waiver raised by the reply. No note of issue has been filed.

A preference will not be granted unless an action is noticed...

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