Spratt v. General Electric Co.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We reject defendants’ contention that Supreme Court abused its discretion in granting that part of plaintiffs’ motion seeking a trial preference. Plaintiffs made a sufficient showing that the interests of justice will be served by an early trial (see, CPLR 3403 [a] [3]; see also, Kellman v 45 Tiemann Assocs., 213 AD2d 151, affd 87 NY2d 871).

As a result of our decision in the prior appeal of this case (see, Spratt v General Elec. Co., 237 AD2d 922), the third-party action…