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TURTURRO v. STEVENS

58 A.D.2d 601 (1977)

Nicholas Turturro, an Infant, et al., Respondents, v. Wayne Stevens, an Infant, et al., Appellants

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

June 13, 1977

Order reversed, without costs or disbursements, and application for a special preference denied.

The court abused its discretion in granting the special preference. A clear case of liability does not entitle a plaintiff to have his or her action preferred for trial over the other actions on the calendar. The remedy in such a situation is a motion for summary judgment (see Binninger v Grillo, 28 A.D.2d 1100). A court cannot...

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