BIENGARDO v. BUSH


54 A.D.2d 570 (1976)

Frank Biengardo et al., Appellants, v. Morris Ter Bush et al., Respondents

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

September 27, 1976


Order modified by deleting therefrom the phrase "due to the injuries sustained in the accident". As so modified, order affirmed, without costs or disbursements.

A special preference will be granted in a negligence action in the "interests of justice" (see CPLR 3403, subd [a], par 3), upon a showing of indigency by the plaintiff. There is no requirement that the plaintiff show a causal connection between his indigency and the injuries sustained in the accident which...

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