Goldberg v. . Markowitz

Decided November 22, 1904

New York Court of Appeals · decided 1904-11-22

<p>Appeal — Preberencb. An appeal from a judgment for a sum of money, not involving questions of public importance or extraordinary circumstances, although entitled to preference, will not be added to an existing calendar.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-22

How this case has been cited

Cited by 37 later decisions — most recently June 1998 · most notably Reporters' Ass'n of America v. Sun Printing & Publishing Ass'n (1906), In Re the Appraisal, Under the Transfer Tax Act, of the Estate of Cook (1907)

35 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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*597 Haight, J.

¶1 This case is entitled to preference under section 791, subdivision four, of the Code of Civil Procedure, but it is not upon the present calendar. The judgment is for a sum of money, involving no question of public importance. It is not our practice to add cases to the existing calendar even though they are entitled to preference unless some question of public importance is involved, or the circumstances are extraordinary.

¶2 The motion to prefer and put case upon the calendar should be denied, with ten dollars costs.

¶3 Cullen, Oh. J., Gray, O’Brien, Bartlett, Yann and Werner, JJ., concur.

¶4 Motion denied.