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Lojko v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 1968
30 A.D.2d 927 (N.Y. App. Div. 1968)

Opinion

September 25, 1968


Order of the Supreme Court, Kings County, dated October 24, 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 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 ( John v. Sackett Elec. Co., 28 A.D.2d 1128). The complaint and bill of particulars are an insufficient basis for the sustaining of the order ( Jones v. Otis Elevator Co., 24 A.D.2d 451). Beldock, P.J., Christ, Rabin, Hopkins and Benjamin, JJ., concur.


Summaries of

Lojko v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 1968
30 A.D.2d 927 (N.Y. App. Div. 1968)
Case details for

Lojko v. City of New York

Case Details

Full title:HELENA LOJKO et al., Respondents, v. CITY OF NEW YORK, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 25, 1968

Citations

30 A.D.2d 927 (N.Y. App. Div. 1968)

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