Opinion
November 6, 1967
Order of the Supreme Court, Kings County, dated June 16, 1967 and made after a pretrial hearing, which directed that the action be given a preference in trial pursuant to rule 8 of the Rules of the Supreme Court, Kings County, and pursuant to CPLR 3403 (subd. [a], par. 3) reversed, without costs, and without prejudice to any future application for a preference. The record before us does not contain the factual basis for an order granting a trial preference. Hence, we are impelled to reverse the order ( Jones v. Otis Elevator Co., 24 A.D.2d 451). Christ, Acting P.J., Brennan, Rabin, Hopkins and Munder, JJ., concur.