JONES v. OTIS ELEVATOR CO., INC.


24 A.D.2d 451 (1965)

Eric M. Jones, as Administrator of The Estate of Laura A. Jones, Deceased, Respondent, v. Otis Elevator Company, Inc., Appellant, et al., Defendants

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

June 1, 1965


Order reversed, without costs, and preference vacated without prejudice to a future application for a preference, if plaintiff be so advised.

At a pretrial hearing the preference was granted in the interests of justice, based upon the pleadings and the bill of particulars alleging injuries resulting in the death of a three-year-old child. There is, however, no record or transcript of the stenographic minutes showing the facts upon which the court based its determination...

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