Brown v. Gelat Holding Corp. , 277 A.D.2d 1140 ( 1950 )

In an action to recover damages for personal injuries, order denying plaintiff’s motion for a preference in trial reversed on the facts, with $10 costs and disbursements, and the motion granted,, without costs. Under the circumstances here disclosed, the denial of the preference was an improvident exercise of discretion. (Stevens v. Bridge Auto Benting Gorp., 262 App. Div. 872.) Carswell, Acting P. J., Johnston, Sneed and Wenzel, JJ., concur; Adel, J., dissents and votes to affirm.