
    (28 Civ. Proc. R. 262.)
    HAMILTON v. FOURTH ESTATE CO.
    (City Court of New York.
    December 5, 1898.)
    Shobt-Cause Calendar—Notice.
    Code Civ. Proc. § 793, requiring the party desiring a preference to serve a notice of motion therefor with "his notice of trial, is not complied with by merely including in the notice of trial a statement that a preference is claimed, in spite of special rule 14 of the city court of New York, authorizing a party entitled to a preference to have the cause placed on the special calendar for trial, on motion made at special term, since said rule cannot override the provisions of the Code.
    Action by one Hamilton against the Fourth Estate Company. Heard' on motion by plaintiff to place the cause on the short-term calendar for a trial, pursuant to Code Civ. Proc. § 793. November 16, 1898, plaintiff served notice of trial for November 22, 1898, the notice stating that an application to place the cause on the short-term calendar would be made on November 22. No motion to that effect was made, and on December 1, 1898, plaintiff served notice of the present motion, returnable December 5th.
    Motion denied.
    Thomas Allison, for the motion.
    Campbell & Hance (H. H. Walker, of counsel), opposed.
   O’DWYER, J.

Motion for a preference denied. See Porath v. O’Shaughnessy, 23 Misc. Rep. 252, 51 N. Y. Supp. 169.  