BARBERO v. CITY OF NEW YORK


16 A.D.2d 770 (1962)

Anthony Barbero, Appellant, v. City of New York et al., Respondents

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

May 22, 1962


Order, entered on March 7, 1962, denying plaintiff a preference under rule 151 of the Rules of Civil Practice, unanimously reversed, on the law, on the facts and in the exercise of discretion, without costs, and the matter remanded to Special Term for further consideration, with leave to plaintiff to file an affidavit of merit.

Plaintiff, presently about 80 years of age, has suffered three coronary attacks, and the affidavit of plaintiff's physician states unequivocally...

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