Order reversed, without costs and without prejudice to an application by plaintiff for a preference.
The record does not prove that defendants failed to co-operate at the negotiations. Triable issues of fact were raised concerning plaintiff's contributory negligence; and defendants should not have been expected to make an offer based on absolute liability. Furthermore, a preference is not warranted within CPLR 3403, as plaintiff is not yet 75 years of age and has...
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