Bernard v. Hyman

— In an action to recover damages for personal injuries, the defendant Gilmore Hyman appeals from an order of the Supreme Court, Nassau County (Saladino, J.), dated January 20, 1989, which granted the plaintiffs motion for a trial preference pursuant to CPLR 3403 (a) (3).

Ordered that the order is reversed, with costs, and the plaintiffs motion is denied.

The plaintiff sought a trial preference "in the interests of justice” (CPLR 3403 [a] [3]) based upon the alleged representations by the appellant’s counsel that his client was dying of a terminal illness. We reverse.

In light of the fact that…