Marando v. T. A. Gillespie Co.

The order appealed from must be affirmed. The record before us does not contain the pleadings in the action, nor is there anything in it from which we are able to determine that the plaintiff is entitled to the preference claimed. Such right cannot be inferred solely from the title of the action. Roberts v. Jenkins, 52 App. Div. 491, 65 N. Y. Supp. 385.

The order must be affirmed, with $10 costs and disbursements.