Order, dated April 12, 1960, insofar as appealed from, affirmed, without costs. Appeal from order, dated January 16, 1959, dismissed.
This order was superseded by the later order granting reargument. In our opinion, on the record presented, there was no abuse of discretion at Special Term in denying the preference. Rule 9 of the Kings County Supreme Court Rules is not unconstitutional as asserted by plaintiffs (cf. Plachte v. Bancroft, Inc.,
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