Opinion
January 22, 1962
In an action to recover damages for personal injuries, plaintiffs appeal from an order of the Supreme Court, Kings County, dated June 21, 1961, denying their application for a preference in trial under rule 9 of the Kings County Supreme Court Rules, and also denying their application for the same relief under rule 151 of the Rules of Civil Practice. Order reversed, without costs; applications for preference in trial granted; and action directed to be added to the Trial Calendar for the next available term of the Kings County Supreme Court. On the record here presented, it was an improvident exercise of discretion to deny the preference. Beldock, P.J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.