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Molat v. Singletary

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1969
32 A.D.2d 544 (N.Y. App. Div. 1969)

Opinion

April 14, 1969


In a negligence action to recover damages for personal and property injuries, defendants appeal from an order of the Supreme Court, Kings County, dated July 2, 1968 and made after a pretrial hearing, which directed that the action be preferred for trial pursuant to rule 8 of the Rules of the Supreme Court, Kings County (22 NYCRR 750.8), and pursuant to CPLR 3403 (subd. [a], par. 3). Order reversed, on the law and the facts, without costs and without prejudice to any future application for a preference. The record before us does not contain either a stenographic transcript of the record of the pretrial hearing or a proper factual basis for an order granting a trial preference ( John v. Sackette Elec. Co., 28 A.D.2d 1128; Abramson v. Kenwood Labs., 17 A.D.2d 626). Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.


Summaries of

Molat v. Singletary

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1969
32 A.D.2d 544 (N.Y. App. Div. 1969)
Case details for

Molat v. Singletary

Case Details

Full title:JOSEPH H. MOLAT, Respondent, v. GRANT SINGLETARY et al., Appellants

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

Date published: Apr 14, 1969

Citations

32 A.D.2d 544 (N.Y. App. Div. 1969)
300 N.Y.S.2d 524

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