Rea v. Horton (241 A.D. 742, 1934)

Order as resettled reversed on the law and motion domed, without costs and without prejudice to a new application when the case is properly on the calendar. The court was without authority to grant a preference until the case was properly on the calendar. (Zimmerman v. Rahmeyer, 230 App. Div. 719.) Lazansky, P. J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.