MARCUS v. SCHWARTZ


26 A.D.2d 943 (1966)

Jo-Anne G. Marcus, an Infant, by Abraham Gold, Her Guardian ad Litem, Respondent, v. Max Schwartz, Defendant, and Leo Himmelstein et al., Appellants

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

November 14, 1966


Order reversed, without costs, and without prejudice to any future application by plaintiff for a preference.

Absent a factual showing as a predicate for the finding of bad faith in negotiating a settlement, it was an improvident exercise of discretion to direct the preference (cf. Abramson v. Kenwood Labs., 17 A.D.2d 626; Jones v. Otis Elevator Co., 24 A.D.2d 451

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