SANDS v. MUELLER


3 A.D.2d 821 (1957)

John Sands, Appellant, v. Herbert Mueller, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 9, 1957


In a recent case (Lee v. Lehrer, 3 A.D.2d 702), we held that a Justice presiding in the pretrial part of the court has the power to revoke a preference previously granted, provided however that there be placed in the record a statement by the Justice setting forth the facts and his reasons for so doing. The required statement is here lacking, but apart from that we do not think on the facts shown the preference should have been revoked...

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