Port v. White ( 1928 )

Order denying plaintiff’s motion for a preference reversed upon the law and the facts, without costs, and motion granted, without costs. While we are loath to interfere with the discretion of the justice presiding at Trial Term in the conduct of the calendar, we are of opinion that this ease presents special circumstances which require the granting of the motion. Lazansky, P. J., Rich, Kapper, Seeger and Carswell, JJ., concur.