Opinion
November, 1928.
Appeal from Supreme Court, New York County.
Present — Dowling, P.J., Merrell, Finch, McAvoy and Proskauer, JJ. Order affirmed, with ten dollars costs and disbursements.
The order denied a motion to strike out defendant's answer and for summary judgment.
While we believe that this case should have a speedy trial, we are unable to order summary judgment on this record. The appellants can best secure relief by applying for leave to renew or reargue their motion for a preference. The order should be affirmed, with ten dollars costs and disbursements.