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EDWARD HEIMAN v. VARSITY BUS (01/20/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


January 20, 1969

EDWARD HEIMAN, AN INFANT, BY HIS FATHER AND NATURAL GUARDIAN, MILTON HEIMAN, ET AL., RESPONDENTS,
v.
VARSITY BUS, INC. ET AL., APPELLANTS, ET AL., DEFENDANTS. (ACTION NO. 1.) (AND THREE OTHER ACTIONS.)

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

Appeal, as limited by appellant's brief, from so much of an order of the Supreme Court, Kings County, dated August 29, 1968, as granted a trial preference. Order reversed insofar as appealed from, on the law, with $10 costs and disbursements. In the absence of a stenographic transcript of the pretrial conferences or other appropriate proof showing the facts upon which the court based its determination, the propriety of the granting of the preference cannot be adequately reviewed (Jones v. Otis Elev. Co., 24 A.D.2d 451; Abramson v. Kenwood Labs., 17 A.D.2d 626).

19690120

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