Order reversed, without costs, and preference vacated, without prejudice to a future application for a preference in trial, if plaintiffs be so advised.
In our opinion, the record does not contain sufficient evidence to show that at the pretrial hearing defendants acted arbitrarily and not in good faith with respect to settlement of the action. If so advised, plaintiffs may apply for a preference under rule 8 of the Rules of the Supreme Court, Kings County, either...
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