Summary
In Thomas v. Green Bus Lines (276 App. Div. 922) an order granting a preference was reversed on the ground that the papers failed to establish indigence.
Summary of this case from Brown v. UpfoldOpinion
January 23, 1950.
In an action to recover damages for injuries sustained by the two infant plaintiffs and for expenses incurred by their father, order granting a preference in the trial of the action reversed, without costs, and motion denied, without costs. The ground upon which the preference was granted was the claimed indigence of the plaintiffs. In our opinion, indigence was not established upon the papers before the Trial Term and, therefore, the granting of the motion constituted an improvident exercise of discretion. Nolan, P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.