Appellate Division of the Supreme Court of the State of New York November 19, 1968 (Sullivan v. Ganios)

Order entered May 21, 1968, granting summary judgment to the plaintiff is unanimously reversed on the law, without costs or disbursements, and the motion is denied. The plaintiff, however, in the exercise of discretion and in the interest of justice, shall be granted a preference upon the filing of a proper note of issue and the payment of the necessary fees.