JONES v. SCHUMER


20 A.D.2d 650 (1964)

Edward T. Jones, Respondent, v. Leo Schumer, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 6, 1964


Order reversed, without costs, and motion denied, without prejudice to renewal on proper papers alleging facts showing that plaintiff is financially destitute or otherwise entitled to a preference in trial pursuant to statute (CPLR, 3403, subd. [a], par 3).

In our opinion, the present record fails to disclose factually that the plaintiff's financial circumstances at the time of the making of the motion were such as to entitle him to a preference in trial under...

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