13 A.D.2d 1027 (1961)

Phillip Goldstein, Appellant, v. 19 West 45th Street Realty Corp., Respondent

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

June 26, 1961

Order dated January 16, 1961, insofar as appealed from, reversed, with $10 costs and disbursements, and application for preference in trial under said rule 9, granted.

Under the circumstances presented by this record, we consider the denial of the preference an improvident exercise of discretion. Appeal from order dated August 2, 1960, dismissed. This order was superseded by the later order of January 16, 1961.


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