THOMAS v. GREEN BUS LINES, INC

In an action to recover damages for injuries sustained by the two infant plaintiffs and for expenses incurred by their father, order granting a preference in the trial of the action reversed, without costs, and motion denied, without costs. The ground upon which the preference was granted was the claimed indigence of the plaintiffs. In our opinion, indigence was not established upon the papers before the Trial Term and, therefore, the granting of the motion constituted an improvident exercise of discretion. Nolan, P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.