Opinion
October 8, 1951.
In an action to recover damages for personal injuries and for resultant expenses and loss of services, order granting plaintiffs' motion for a preference in trial reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs. In our opinion there is no such showing of plaintiffs' indigence in the moving papers as warrants the preference in trial of this action over the many causes awaiting trial in regular order; and in granting the motion the court improvidently exercised the discretion vested in it. ( O'Callaghan v. Brawley, 276 App. Div. 908; Greene v. McDermott, 245 App. Div. 726; Lavicka v. National Transp. Co., 264 App. Div. 785; Thomas v. Green Bus Lines, 276 App. Div. 922; Braver v. Davis, 277 App. Div. 879.) Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.