Opinion
January 21, 1952.
In an action to recover damages for personal injuries, order granting plaintiff's motion for a preference in the trial of the action reversed on the law and the facts, with $10 costs and disbursements to appellant to abide the event, and motion denied, without costs. There was no sufficient showing warranting the exercise of discretion in favor of granting the preference. (Cf. O'Callaghan v. Brawley, 276 App. Div. 908; Braver v. Davis, 277 App. Div. 879; Pitrello v. Garro, 278 App. Div. 770; Svei v. Minck Bros. Co., 279 App. Div. 597.) Nolan, P.J., Carswell, Adel, MacCrate and Schmidt, JJ., concur.