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JO-ANNE G. MARCUS, an Infant, by ABRAHAM GOLD, Her Guardian ad Litem, Respondent, v. MAX SCHWARTZ, Defendant, and LEO HIMMELSTEIN et al., Appellants.

In a negligence action to recover damages for personal and property injuries, defendants Himmelstein and Levitz appeal from an order of the Supreme Court, Kings County, entered June 20, 1966, which, after a pretrial hearing, accorded the action a trial preference pursuant to rule 8 of the Rules of the Supreme Court, Kings County. Order reversed, without costs, and without prejudice to any future application by plaintiff for a preference. Absent a factual showing as a predicate for the finding of bad faith in negotiating a settlement, it was an improvident exercise of discretion to direct the preference (cf. Abramson v. Kenwood Labs., 17 A.D.2d 626; Jones v. Otis Elevator Co., 24 A.D.2d 451). Beldock, P.J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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MARCUS v. SCHWARTZ
(Nov 14, 1966)