Pugh v. Consolidated Edison Co. of New York, Inc.

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 case presents special circumstances which require the granting of the motion. Appeal from order denying motion for reargument dismissed. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.