53 N.Y.S. 297 | N.Y. Sup. Ct. | 1898
This is a motion for a preference under Rule X of the Special Term Rules of the First Department. The rule is as follows: “ In all actions brought for the foreclosure of a mortgage or for the foreclosure of mechanics’ liens, either party may apply to the Special Term, Part III,.upon notice of two days to the adverse party to have the cause placed upon the preferred calendar, to be called in Part III of the Special Term, -and if it shall appear to the court upon such application that the trial will not be a protracted one, or that for any special reason the case should be promptly disposed of, it shall be placed upon the preferred calendar for trial.” On April 5, 1898, the following notice of trial was served upon the defendant’s attorney, viz.: “ Please take notice that the issues of law and fact in this action will be brought to trial, and application for judgment for the relief demanded in the complaint herein, together with costs and an extra allowance will be made at a Special' Term of this court, appointed to be held in and for the county of New York, at the county court
Motion granted.