Sciara v. Gitenstein

In an action to recover damages for personal injuries and property damage, defendants appeal from an order of the Supreme Court, Kings County, dated November 30, 1976, which granted a special preference for the trial of the action. Order reversed, without costs or disbursements, and special preference denied, without prejudice to any future motion for a special preference. Upon the record before us, the propriety of the grant of the special preference cannot be adequately reviewed (see Barbieri v Gustafson, 36 AD2d 736 ; Molat v Singletary, 32 AD2d 544 ; Lojko v City of New York, 30 AD2d 927 ). Cohalan, Acting P. J., Hawkins, Suozzi and Mollen, JJ., concur.