Rasner v. Golden Skillet of New York, Inc.

Order entered July 8, 1969 denying plaintiff’s motion for summary judgment, unanimously affirmed, without costs or disbursements. However, under the circumstances of this case, it appears that there should be a full trial of the issues at an early date. If plaintiff is so advised, and meets with the statutory requirements, he should on application be granted a preference in the interests of justice pursuant to CPLR 3403 (subd. [a], par. 3). (See Sullivan v. Ganios, 31 A D 2d 527; CPLR 3212, subd. [g]; 4 Weinstein-Korn-Miller, N. Y. Civ. Prac., pars. 3211.42, 3212.12.) Concur — Eager, J. P., Capozzoli, McGivern, Markewich and Nunez, JJ.