Opinion
October 22, 1951.
In an action for forcible entry and detainer, plaintiff appeals from an order denying his motion to advance this cause to the Day Calendar pursuant to rule VII of the Kings County Supreme Court Rules, without prejudice to renewal after plaintiff, if so advised, applies to and is granted permission by Special Term to amend the complaint to state a cause of action on contract. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.