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DODUMOFF v. LYONS

4 A.D.2d 626 (1957)

Harry Dodumoff, Appellant, v. Carl Lyons et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 3, 1957.

Attorney(s) appearing for the Case

Seymour L. Colin of counsel (Frederick Travers, attorney), for appellant.

Edward F. Doran, Jr., of counsel (Leahey & Johnson, attorneys), for Carl Lyons, respondent.

Robert E. Curran for George Henne, respondent.

Alex Gangel of counsel (Cohen, McGuirk & Michels, attorneys), for Louis Rofsky, respondent.

Marshall D. Sweetbaum of counsel (McCarthy & McGrath, attorneys), for Michael Dran and another, respondents.

PECK, P. J., BREITEL, BOTEIN, FRANK and McNALLY, JJ., concur.

Per Curiam.

In a personal injury action, based on negligence, Special Term denied a preference under rule 151 of the Rules of Civil Practice. In doing so, the court noted that "plaintiff might have an early trial by waiving a jury". The order should be reversed and a preference granted.

Plaintiff is 74 years of age, and he has "made a strong showing, supported by an unreserved and unequivocal affidavit by a...

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