Opinion
September 26, 1949.
In an action to recover damages for the wrongful death of plaintiff's intestate, order denying motion for a preference reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, without costs. In our opinion the denial of the motion was an improvident exercise of discretion. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.