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WASSEL v. NIAGARA MOHAWK POWER CORPORATION

307 A.D.2d 752 (2003)

762 N.Y.S.2d 854

SONYA WASSEL, as Administratrix of the Estate of SCOTT L. WASSEL, Deceased, Respondent, v. NIAGARA MOHAWK POWER CORPORATION, Appellant and Third-Party Plaintiff-Appellant. ROME FORD LINCOLN MERCURY, INC., Third-Party Defendant-Respondent

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

Decided July 3, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Supreme Court did not abuse its discretion in granting plaintiff's motion for a trial preference in this personal injury action on the basis of plaintiff's indigency (see Hoyt v Kazel, 265 A.D.2d 527, 527-528 [1999]) upon its determination that the...

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