Valenti v. United Hoisting Co.

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.