Opinion
September 28, 1970
In a negligence action to recover damages for personal injuries, defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County, dated January 16, 1970, as granted plaintiffs a trial preference. Order reversed insofar as appealed from, with $10 costs and disbursements, and trial preference denied. In our opinion, the papers set forth in the record did not provide a sufficient evidentiary basis on which to grant the preference and the granting of the preference was an improvident exercise of discretion. Rabin, Acting P.J., Hopkins, Munder, Martuscello and Benjamin, JJ., concur.