KIRZON v. LOUIS MARCUS CORP

Appeal from order entered November 20, 1961, made on motion of the Justice presiding denying the application for a preference in this action for personal injuries, unanimously dismissed, with $20 costs and disbursements to defendant-respondent. No appeal lies from an ex parte order. (Civ. Prac. Act, § 609; Weisberg v. McGuigan, 12 A.D.2d 450; Gouvakis v. 490 Tenth Ave. Corp., 6 A.D.2d 1035.) Appellant's remedy is a motion for reconsideration. ( Vallen v. Fifth Ave. Coach Corp., 5 A.D.2d 769. )

Concur — Rabin, J.P., McNally, Stevens, Eager and Steuer, JJ.