GREEN v. VOGEL


144 A.D.2d 66 (1989)

Bessie Green, Appellant, v. Herbert Vogel, Respondent

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

January 23, 1989


Attorney(s) appearing for the Case

Shayne, Dachs, Stanisci & Corker (Jonathan A. Dachs on the brief), for appellant.

Bower & Gardner (Howard R. Cohen and Robert S. Cypher of counsel), for respondent.

RUBIN, J. P., SPATT, SULLIVAN and BALLETTA, JJ., concur.


Per Curiam.

The instant appeal presents us with the question of whether a party to an action is automatically entitled to multiple trial preferences pursuant to the grounds set forth in CPLR 3403. We conclude that there is no automatic entitlement to the granting of more than one trial preference per action. Rather, we hold that a Trial Justice may, in accordance with the broad latitude granted by the Uniform Rules for the...

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