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Rea v. Horton

241 A.D. 742 Court N.Y. App. Div. English

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Majority

p. 742
Nancy Rea, Respondent, v. Margaret Horton, Appellant. Salvatore Rea, Respondent, v. Margaret Horton, Appellant.

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.