Lehman v. Lichtenstein

In a negligence action, the defendants appeal from an order of the Supreme Court, Nassau County, dated April 27, 1960, granting plaintiffs’ motion for a preference pursuant to subdivision 3 of rule 151 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and motion denied, with leave to plaintiffs, if so advised, to make a new application on competent medical proof based on a recent physical examination and a showing that there is a probability that one of the plaintiffs will not survive the period of time required for the action to be reached for trial in its…