Bazzi v. Ascoli — 7 A.D.2d 907

Majority

p. 907

Anthony Bazzi, Appellant, v. Max Ascoli, Respondent.

Appeal from order entered September 11, 1957, unanimously dismissed, without costs. Said determination was not made upon notice and is not appealable (Vallen v. Fifth Ave. Coach Corp., 5 A D 2d 769 ). Order entered March 13, 1958, unanimously reversed, without costs, and motion for preference is granted. On this record, a preference is warranted in the exercise of discretion. Concur — Botein, p. J., M. M. Frank, Valente, Stevens and Bastow, JJ.

Cases cited

Vallen v. Fifth Avenue Coach Corp. 5 A D 2d 769 N.Y. App. Div. 1958-01-28 p. 907