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LOJKO v. CITY OF NEW YORK

30 A.D.2d 927 (1968)

Helena Lojko et al., Respondents, v. City of New York, Appellant

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

September 25, 1968

Reversed, without costs and without prejudice to any future application for a preference.

The record before us does not contain the factual basis for an order granting a trial preference (John v. Sackett Elec. Co., 28 A.D.2d 1128). The complaint and bill of particulars are an insufficient basis for the sustaining of the order (Jones v. Otis Elevator Co., 24 A.D.2d 451

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