VALENTI v. UNITED HOISTING CO., INC

Order denying plaintiff's motion for a preference of the trial of this action to recover damages for personal injuries, allegedly resulting from defendants' negligence, reversed on the law and the facts, without costs, the motion granted, without costs, and the cause set for trial on the calendar of Trial Term, Part I, Kings County, for the first Monday of February, 1943. The serious injuries concededly suffered by the plaintiff which, it sufficiently appears, may result in the loss of his testimony on the trial, plaintiff's financial condition, and other relevant factors disclosed in the record, cause us to disagree with the learned Special Term justice in his exercise of discretion. This is a case in which a preference should be granted. Lazansky, P.J., Carswell, Johnston, Adel and Taylor, JJ., concur.