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HEINDRICH v. BURGER INN, INC.

30 A.D.2d 515 (1968)

Mary C. Heindrich, Respondent, v. Burger Inn, Inc., Appellant

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

May 14, 1968

Order, entered January 25, 1968, granting plaintiff a trial preference purusant to CPLR 3403, unanimuosly affirmed, with $30 costs and disbursements to respondent. (Yates v. John J. Casale, Inc., 89 N.Y.S.2d 583.)

The instant case is distinguishable from Bush v. Hertz Corp. (29 A.D.2d 938). In the Bush case, plaintiff was a resident of New Jersey, the accident happened in New Jersey, and defendants were either...

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