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SALVATORE P. RIZZO ET AL. v. EDWARD D. GROEBER ET AL. (04/22/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


April 22, 1968

SALVATORE P. RIZZO ET AL., RESPONDENTS,
v.
EDWARD D. GROEBER ET AL., APPELLANTS

Rabin, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

Order of the Supreme Court, Kings County, dated October 10, 1967, reversed, without costs, and preference vacated, without prejudice to a further application for a preference, if plaintiffs be so advised. The grant of a preference in trial must be vacated in the absence of a stenographic transcript of the pretrial hearing or other appropriate record showing a factual basis therefor (Jones v. Otis Elevator Co., 24 A.D.2d 451; Abramson v. Kenwood Labs., 17 A.D.2d 626, 627).

19680422

© 1998 VersusLaw Inc.



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