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JOSEPH H. MOLAT v. GRANT SINGLETARY ET AL. (04/14/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


April 14, 1969

JOSEPH H. MOLAT, RESPONDENT,
v.
GRANT SINGLETARY ET AL., APPELLANTS

In a negligence action to recover damages for personal and property injuries, defendants appeal from an order of the Supreme Court, Kings County, dated July 2, 1968 and made after a pretrial hearing, which directed that the action be preferred for trial pursuant to rule 8 of the Rules of the Supreme Court, Kings County (22 NYCRR 750.8), and pursuant to CPLR 3403 (subd. [a], par. 3).

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

The record before us does not contain either a stenographic transcript of the record of the pretrial hearing or a proper factual basis for an order granting a trial preference (John v. Sackette Elec. Co., 28 A.D.2d 1128; Abramson v. Kenwood Labs., 17 A.D.2d 626).

Disposition

Order reversed, on the law and the facts, without costs and without prejudice to any future application for a preference.

19690414

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