Opinion
May 21, 1956
In a consolidated action to recover damages for personal injuries, Edward Behr, one of the defendants in Action No. 1, appeals from order which, on reargument, granted a motion for a preference, pursuant to rule 151 of the Rules of Civil Practice. Order modified by striking from the second ordering paragraph everything following the word "respects" and by substituting therefor the word "denied". As so modified, order affirmed, without costs. Destitution and incapacity to work are insufficiently shown. ( Farewell v. Milbank, 284 App. Div. 898; Svei v. Minck Bros. Co., 279 App. Div. 597; Quinlan v. Schaefer Brewing Co., 279 App. Div. 805; O'Callaghan v. Brawley, 276 App. Div. 908.) Nolan, P.J., Wenzel, Beldock, Murphy and Kleinfeld, JJ., concur.