Appellate Division of the Supreme Court of the State of New York April 21, 1941 (Coates v. Long Island Railroad)

Order denying a preference to the plaintiff in a tort action reversed on the law and the facts, with ten dollars costs and disbursements, the motion granted, without costs, and the case set down for trial the first Monday of May, 1941. The denial of the motion was an improper exercise of discretion. The showing of destitution is complete. Lazansky, P. J., Carswell, Johnston, Adel and Táylor, JJ.