SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
September 25, 1968
HELENA LOJKO ET AL., RESPONDENTS,
CITY OF NEW YORK, APPELLANT
Order of the Supreme Court, Kings County, dated October 24, 1967 and made after a pretrial hearing, which directed that the action be given a preference in trial pursuant to rule 8 of the Rules of the Supreme Court, Kings County, and CPLR 3403 (subd. [a], par. 3), reversed, without costs and without prejudice to any future application for a preference.
Beldock, P. J., Christ, Rabin, Hopkins and Benjamin, JJ., concur.
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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