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SMITH v. CITY OF NEW YORK

5 A.D.3d 759 (2004)

773 N.Y.S.2d 571

PATRICIA SMITH, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

March 29, 2004.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the motion is granted.

The Supreme Court improvidently exercised its discretion in denying the plaintiff's motion for a trial preference on the ground of her indigency (see CPLR 3403 [a] [3]; Hoyt v Kazel, 265 A.D.2d 527, 528 [1999]; Cenname v Lindholm, 69 A.D.2d 848, 849 [1979])...

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