SHOMRON REALTY ASSOCIATES v. FUKS

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Supreme Court, Appellate Division, First Department, New York.

Ruth SHOMRON, on behalf of R & L REALTY ASSOCIATES, etc., Plaintiff-Appellant, v. Yoram FUKS, et al., Defendants-Respondents.

Decided: February 28, 2006

TOM, J.P., MAZZARELLI, SULLIVAN, SWEENY, MALONE, JJ. The Halperin Law Firm, LLP, New York (Guy S. Halperin of counsel), for appellant. Fox Horan & Camerini, LLP, New York (John R. Horan of counsel), for respondents.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered August 29, 2005, which, to the extent appealed from, sua sponte, granted defendants a trial preference, unanimously affirmed, without costs.

The court properly exercised its discretion in granting defendants a trial preference in the interests of justice (CPLR 3403[a][3];  Wolf v. Wolf, 232 A.D.2d 330, 648 N.Y.S.2d 611 [1996] ).   It is apparent from the record that the court assessed the circumstances of defendants' finances presented in their motion papers and properly determined that the earliest possible resolution of these issues would best serve all parties.