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SMITH v. SCHNABEL

34 A.D.2d 603 (1970)

Beatrice Smith, Appellant, v. Jack Schnabel, Respondent

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

March 11, 1970

REYNOLDS, J.

Special Term was not required to grant a trial preference under CPLR 3403 (subd. [a], par. 1). The Social Services Department of Sullivan County, while interested in the outcome of the litigation, is not a true party to the action as required by CPLR 3403 (subd. [a], par. 1), and the fact that appellant allegedly executed an assignment to the Social Services Department does not affect this conclusion...

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