Capone v. Briante

¶1In an action to recover damages for personal injuries, the appeal is from an order granting respondent’s motion, under rule 151 of the Rules of Civil Practice, for a preference in the order of trial. Order reversed, with $10 costs and disbursements, and motion denied. The papers fail to establish that the interests of justice will be served by an early trial. Nolan, P. J., Wenzel, Beldock and Ughetta, JJ., concur; Kleinfeld, J., dissents and votes to affirm.