45 A.D.2d 754 | N.Y. App. Div. | 1974
In a personal injury action, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated January 28, 1974, as, upon a motion by the administratrix of the estate of the deceased plaintiff, ordered that the latter is substituted as the party plaintiff, that the title of the action is amended accordingly, that the action is restored to the Trial Calendar upon .the service and filing of a statement of readiness, and that the action is granted an immediate trial preference, all on condition that plaintiff is ready to proceed to trial. The order denied “ all other aspects of the motion”. Order reversed insofar as appealed from, without costs, and motion denied in its entirety. The decedent sued to recover damages for