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SHOMRON v. FUKS

26 A.D.3d 304 (2006)

810 N.Y.S.2d 59

RUTH SHOMRON, on Behalf of R&L REALTY ASSOCIATES, Appellant, v. YORAM FUKS et al., Respondents.

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

February 28, 2006.

The court properly exercised its discretion in granting defendants a trial preference in the interests of justice (CPLR 3403 [a] [3]; Wolf v. Wolf, 232 A.D.2d 330 [1996]). It is apparent from the record that the court assessed the circumstances of defendants' finances presented in their motion papers and properly determined that the earliest possible resolution of these issues would best...

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