Opinion
November 13, 1961
In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Kings County, dated June 12, 1961, made after a pretrial hearing, which vacated the preference in trial previously granted pursuant to rule 9 of the Kings County Supreme Court Rules. Order reversed, with $10 costs and disbursements, and preference reinstated. Under the circumstances here, we believe it was an improvident exercise of discretion to vacate the preference. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.