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JOHNSON v. DANNA OIL CO.

28 Misc.2d 651 (1961)

Walter Johnson et al., Plaintiffs, v. Danna Oil Company, Inc., et al., Defendants.

Supreme Court, Trial Term, Nassau County.

May 17, 1961

Attorney(s) appearing for the Case

Shayne, Dachs, Rothman & Weiss (Lawrence Jacobson of counsel), for plaintiffs. Lynch, Smith & Kelly for defendants.

MARIO PITTONI, J.

Plaintiffs' motion for a preference, pursuant to rule 151 of the Rules of Civil Practice, is granted. Plaintiff, John Ellis, is 75 years of age, and in the uncontroverted opinion of his physician, with a reasonable degree of medical certainty, he will not survive a lengthy delay in the trial of this case (cf. Sugarman v. Froom, 8 A.D.2d 857 [2d Dept...

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