Order entered June 30, 1961, modified by striking out the second paragraph and by substituting therefor a provision granting plaintiff's said application for a preference in trial. As so modified order affirmed, without costs. On the facts disclosed by this record, it was an improvident exercise of discretion to deny the preference. Appeal from order entered April 24, 1961, dismissed without costs; that order was superseded by the subsequent order granting reargument and...
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