SHAPIRO v. PINCUS


34 A.D.2d 906 (1970)

Lee Shapiro, Respondent, v. Irving Pincus, Appellant

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

June 9, 1970


Order entered February 6, 1970 unanimously reversed on the facts and the law, with $30 costs and disbursements to the appellant, and preference denied. Appeal from order entered March 2, 1970 dismissed as academic without costs and without disbursements.

A trial preference was granted to plaintiff following a pretrial hearing on the ground that defendant failed to seek in good faith to adjust the case. We have repeatedly held that a preference can be granted only...

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