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KELLY v. FENTON

15 A.D.2d 959 (1962)

Josephine Kelly et al., Respondents, v. Andrew Fenton, Appellant, et al., Defendants

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

March 26, 1962

Order reversed, without costs, and preference vacated, without prejudice to a motion by plaintiffs for a preference in trial under rule 151 of the Rules of Civil Practice, if plaintiffs be so advised. The present record fails to show the existence of such circumstances as are prerequisite to the granting of a preference (cf. Rooney v. Raplee, 14 A.D.2d 807

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