Majority
p. 731Emil Kupfer, Respondent, v. E. A. White Organization, Inc., and Earl A. White, Appellants, and John D. Maher, Defendant.
Order reversed upon the law and the facts, with ten dollars costs and disbursements, and plaintiff’s motion for a preference denied, with ten dollars costs. Rule 10 of the Calendar Rules of the Kings County Trial Terms allows a preference only in contract cases where the plaintiff or his assignor was a resident of Kings county at the time the cause of action arose. The original owner and assignor of the plaintiff’s cause of action was not a resident of Kings county at the time the said cause of action arose. Lazansky, P. J., Rich, Hagarty, Carswell and Tompkins, JJ., concur.