Order affirmed insofar as appealed from, without costs or disbursements, and without prejudice to a renewal of the motion if plaintiffs be so advised.
The plaintiffs failed to establish either the indigency or the inability to work of plaintiff Frangione on the record before Special Term. Accordingly, a trial preference in "the interests of justice" (CPLR 3403, subd [a], par 3), based upon his alleged destitution, was properly denied (see Cenname v Lindholm
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
