Bazzi v. Ascoli , 182 N.Y.S.2d 636 ( 1959 )

Appeal from order entered September 11, 1957, unanimously dismissed, without costs. Said determination was not made upon notice and is not appealable (Vallen v. Fifth Ave. Coach Corp., 5 A D 2d 769). Order entered March 13, 1958, unanimously reversed, without costs, and motion for preference is granted. On this record, a preference is warranted in the exercise of discretion. Concur — Botein, p. J., M. M. Frank, Valente, Stevens and Bastow, JJ.