BERNARD v. HYMAN


155 A.D.2d 403 (1989)

Christine Bernard, an Infant, by Her Guardian ad Litem, Patrick Seminario, Respondent, v. Gilmore Hyman, Appellant, et al., Defendants

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

November 6, 1989


Ordered that the order is reversed, with costs, and the plaintiff's motion is denied.

The plaintiff sought a trial preference "in the interests of justice" (CPLR 3403 [a] [3]) based upon the alleged representations by the appellant's counsel that his client was dying of a terminal illness. We reverse.

In light of the fact that the only medical report in the record does not indicate there is any imminent danger of the appellant's death, the granting of the...

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