Opinion
February 16, 1971
In a negligence action to recover damages for personal injuries, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County, dated September 29, 1970, as, after denying plaintiff's renewed motion for summary judgment, granted plaintiff a trial preference. Order reversed insofar as appealed from, without costs. In our opinion, since plaintiff had made no application for a preference, and the preference was gratuitously granted, the order was in that respect improvidently made. In any event, the moving papers failed to disclose the existence of such financial, physical or other facts as would justify the granting of a preference (cf. Beltran v. Borstein, 32 A.D.2d 954). Rabin, P.J., Hopkins, Munder, Martuscello and Latham, JJ., concur.