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PRICE v. NEW YORK CITY HOUS. AUTH.

222 A.D.2d 277 (1995)

635 N.Y.S.2d 191

Fundisha Price, an Infant by Her Mother and Natural Guardian, Shii Price, et al., Appellants, v. New York City Housing Authority, Respondent

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

December 12, 1995

The motion court as a court of coordinate jurisdiction properly declined to review the order of the trial court which, after declaring a mistrial, struck plaintiffs' case from the trial calendar and conditioned restoration upon the filing of a new note of issue. However, since the trial should have been rescheduled pursuant to 22 NYCRR 202.45, we grant a preference in the interest of justice and direct an immediate trial (CPLR 3403 [a] [3]), conditioned upon plaintiffs filing...

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