Opinion
March 26, 1962
In an action to recover damages for personal injuries alleged to have been sustained by reason of the negligent operation of the motor vehicles of the several defendants, the defendant Fenton appeals from an order of the Supreme Court, Kings County, dated October 24, 1961, made upon a pretrial hearing, which granted a preference in the trial of the action, pursuant to the local court rule (Kings County Supreme Court Rules, rule 8, subd. [d]). Order reversed, without costs, and preference vacated, without prejudice to a motion by plaintiffs for a preference in trial under rule 151 of the Rules of Civil Practice, if plaintiffs be so advised. The present record fails to show the existence of such circumstances as are prerequisite to the granting of a preference (cf. Rooney v. Raplee, 14 A.D.2d 807). Beldock, P.J., Ughetta, Christ, Hill and Hopkins, JJ., concur.