Opinion
February 26, 1962
In an action to recover damages for injury to person and property, plaintiff appeals from an order of the Supreme Court, Nassau County, dated November 30, 1961, which denied his motion for a preference in trial under rule 151 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and plaintiff's motion for a preference granted. The uncontroverted medical evidence establishes the improbability of plaintiff's survival until the time of trial if the trial were held in the regular sequence. Beldock, P.J., Ughetta, Kleinfeld, Christ and Hopkins, JJ., concur.