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SCIMECA v. POLECTION

75 A.D.2d 597 (1980)

Fortunato Scimeca, Respondent, v. Arnold Polection, Defendant and Vincenzo Realmuto, Appellant. (And Two Other Actions.)

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

April 14, 1980

Order reversed, without costs or disbursements, and preference vacated.

On this record, the court improvidently exercised its discretion in granting a special preference. "A court cannot make a finding of bad faith under CPLR 3403 simply because it disagrees with the amount which the defendant has offered for settlement" (Turturro v Stevens, 58 A.D.2d 601

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