Opinion
October 2, 1967
In an action to recover damages for personal injury, defendants Paris appeal from an order of the Supreme Court, Kings County, dated June 30, 1967 which, after a pretrial hearing, granted a special trial preference. Order reversed, without costs, and preference denied. Absent a factual showing as a predicate for a finding of bad faith in negotiating a settlement, it was an improvident exercise of discretion to direct a preference in trial ( Marcus v. Schwartz, 26 A.D.2d 943; Jones v. Otis Elevator Co., 24 A.D.2d 451; Abramson v. Kenwood Labs., 17 A.D.2d 626). Beldock, P.J., Christ, Brennan, Hopkins and Munder, JJ., concur.