Cohn v. Broad Channel Restaurant, Inc. , 1961 N.Y. App. Div. LEXIS 8770 ( 1961 )

In our opinion, the plaintiff made out a prima facie case for a rule 9 preference. Defendant failed to oppose the motion in the court below. But even if it had, we believe that under the circumstances here the preference should have been granted. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.