Appellate Division of the Supreme Court of New York, 1952

Rogers v. Derris

Rogers v. Derris
Appellate Division of the Supreme Court of New York · Decided December 15, 1952
281 A.D. 697; 117 N.Y.S.2d 594; 1952 N.Y. App. Div. LEXIS 3284
Rogers v. Derris

Opinion of the Court

In an action to recover damages for personal injuries resulting from an automobile collision, plaintiff appeals from an order denying her motion for a preference in the trial of the action. Her moving papers establish that she is on the relief rolls of the City of New York, which fact is not controverted by respondents. Order reversed on the facts, with $10 costs and disbursements, and motion granted, without costs. In our opinion the denial of the motion was an improvident exercise of discretion. (Stevens v. Bridge Auto Renting Corp., 262 App. Div. 872; Auchello v. Brooklyn Bus Corp., 257 App. Div. 857.) Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.

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