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SMYTH v. DOW REALTY

45 Misc.2d 379 (1965)

Patrick J. Smyth, Plaintiff, v. Dow Realty, Inc., Defendant.

District Court of the County of Nassau, First District.

February 24, 1965

Attorney(s) appearing for the Case

Kenneth G. Haas for plaintiff. Lewis Shebar for defendant.

BERNARD TOMSON, J.

In this commercial action a motion is made for a preference pursuant to rule 11 of the Nassau County District Court Rules.

The thrust of the defendant's objection is that the notice of motion was not served until six months after the notice of trial.

Rule 11 provides:

"(b) The court in its discretion may also grant a preference in an action of a commercial nature * * * "(c) A motion for a preference...

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