O'BRIEN v. NEW YORK CENT. R.R. CO.


15 A.D.2d 592 (1961)

James O'Brien, Respondent, v. New York Central Railroad Company, Appellant

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

December 7, 1961


The papers on plaintiff's motion for a preference, showing grave physical injuries and financial need, are, on their face, sufficient to form a basis for granting the application. We are, however, concerned with the fact that the case has been unduly delayed in prosecution by the plaintiff himself; and that had it been promptly instituted and prosecuted, it could have been tried long ago. This delay is attributable both to the attorneys who previously represented plaintiff...

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