FAREWELL v. MILBANK

In an action to recover damages for personal injuries and for expenses and loss of services, order granting plaintiffs' motion for a preference in the trial of the action reversed, with $10 costs and disbursements, and motion denied, with $10 costs. There was no sufficient showing warranting the exercise of discretion in favor of granting the preference. (Cf. Quinlan v. Schaefer Brewing Co., 279 App. Div. 805; O'Callaghan v. Brawley, 276 App. Div. 908; Braver v. Davis, 277 App. Div. 879; Pitrello v. Garro, 278 App. Div. 770, and Svei v. Minck Bros., 279 App. Div. 597.) The authorities relied on by plaintiffs ( Belcher v. Erie R.R. Co., 280 App. Div. 796; Bernstein v. Strammiello, 202 Misc. 823) are readily distinguishable. Adel, Acting P.J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.