Summary
In O'Callaghan v. Brawley (276 A.D. 908) an order granting a preference was reversed on the ground that no persuasive showing of destitution, want, probability of death before trial existed.
Summary of this case from Brown v. UpfoldOpinion
January 9, 1950.
In an action to recover damages for personal injuries, order granting plaintiff's motion for a preference in trial reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs. There is no persuasive showing of destitution, or probability of death before trial in the regular order; and the granting of the motion was an improvident exercise of discretion. Nolan, P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.