Order, entered on December 24, 1963, unanimously modified, on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, to delete the third and fourth decretal paragraphs providing for an early trial.
The direction for an early trial, amounting to the granting of a preference, is not justified by the record and runs counter to the provisions of rules of the court providing for the "consent of the parties" as a condition...
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