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MORAN v. PORTCHESTER IRON WORKS, INC.

11 A.D.2d 783 (1960)

Raymond G. Moran, Respondent, v. Portchester Iron Works, Inc., et al., Appellants

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

July 5, 1960

Order, insofar as appealed from, reversed, without costs; order of March 2, 1960, vacated; and plaintiff's motion for a preference denied without prejudice to renewal at the proper time.

No reason has been presented why there should be a departure from the well-recognized requirement that a preference should not be granted until an action is properly on the calendar (Rules Civ. Prac., rule 151; Friedman v. Friedman, 5 A.D.2d 864...

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