JANICEK v. KOKE


26 A.D.2d 643 (1966)

Nicolina I. Janicek et al., Respondents, v. Frederick Koke et al., Defendants, and George P. Janicek, Appellant

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

July 5, 1966


Order of January 28, 1966 reversed, with $10 costs and disbursements; preference vacated and motion denied. Appeal from order of November 17, 1965 dismissed, without costs.

Such order was superseded by the later order granting reargument. On the basis of the medical proof submitted, the granting of a general preference was an improvident exercise of discretion. Moreover, in the absence of a stenographic transcript of the pretrial hearing or other appropriate proof...

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