Opinion
March 24, 1960
Order unanimously reversed, on the law and on the facts, and in the exercise of discretion, with $20 costs and disbursements to appellant, and rule V (subd. 5) preference granted, on the ground that the record averments, if established on the trial, might warrant a recovery sufficient to entitle the case to such preference.
Concur — Breitel, J.P., Rabin, M.M. Frank, McNally and Stevens, JJ.