Majority
p. 675Samuel L. Hornstein, Appellant, v. Liebmann Breweries, Inc., et al., Respondents.
On the facts disclosed by this record, it was an improvident exercise of discretion to deny the preference. Appeal from order entered April 24, 1961, dismissed without costs; that order was superseded by the subsequent order granting reargument and adhering to the original decision. Beldock, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.