196 A.D. 926 | N.Y. App. Div. | 1921
This cause was not entitled to a preference over other causes, either by the provisions of section 791 of the Code of Civil Procedure or by rule VIII of the Special Term Rules for New York county. Furthermore, the order was granted prior to the service of a notice of trial. Section 793 of the Code of Civil Procedure provides that in certain counties, among which is New York county, “ the party desiring a preference of any cause