MARTINKOVIC v. CHRYSLER LEASING CORP.


29 A.D.2d 636 (1968)

Joseph Martinkovic, Jr., as Guardian ad Litem and Administrator of The Estate of Michael Martinkovic, Deceased, an Infant, et al., Respondents, v. Chrysler Leasing Corporation, Appellant

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

January 16, 1968


Order, entered June 26, 1967, granting to plaintiffs in a personal injury action a trial preference pursuant to CPLR 3403, reversed, on the law and on the facts, and in the exercise of discretion, without costs and disbursements, and motion by plaintiffs for trial preference denied, without costs.

The family has adequate income to take care of reasonable current living expenses and it does not satisfactorily appear that the lack of funds has or will deprive the injured...

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