Majority
p. 808Arlene Fuchs, an Infant, by Samuel Fuchs, her Guardian ad litem, et al., Plaintiffs, Rhoda Nierenberg, an Infant, by Sally Nierenberg, Her Guardian ad litem, Respondent, v. Nation Wide Air Transportation, Inc., Appellant.
In an action to recover damages for personal injuries suffered by several persons in an airplane crash, defendant appeals from an order granting a preference on behalf of one of the plaintiffs. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs. Since none of the plaintiffs nor the defendant is a resident of Kings County, in which the venue is laid, respondent may not have a preference granted to her. (Caulfield v. Weil, 232 App. Div. 828 ; Williams v. Hollander & Son, Inc., 249 App. Div. 784 .) Appeal from order denying defendant’s motion for a stay dismissed as academic, without costs. Lewis, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.