Opinion
February 13, 1962
In a negligence action to recover damages for personal injuries and loss of services, the plaintiffs appeal from an order of the Supreme Court, Kings County, dated May 15, 1961, which denied their renewed application, made after examination and report by a court-appointed physician, for a preference in trial under rule 9 of the Kings County Supreme Court Rules. Order reversed, with $10 costs and disbursements, and plaintiffs' application for a preference in trial granted. On this record, we believe the Special Term improvidently exercised its discretion in denying the rule 9 preference. Ughetta, Kleinfeld, Christ and Brennan, JJ., concur; Beldock, P.J., dissents and votes to affirm the order on the ground that upon all the facts presented by the record the Special Term did not abuse its discretion in denying the preference.