SCHAPIRA v. BETH ISRAEL HOSP.


24 A.D.2d 503 (1965)

Betty Schapira, as Administratrix of The Estate of Gerald Schapira, Deceased, Respondent, v. Beth Israel Hospital, Defendant, and Lazarus A. Orkin et al., Appellants

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

June 21, 1965


Order reversed, without costs, and motion denied, without prejudice to renewal on proper papers alleging facts showing that death is imminent or that plaintiff will not live until the time of trial or that plaintiff is otherwise entitled to a preference in trial pursuant to statute (CPLR 3403, subd. [a], par. 3).

In our opinion, the present record fails to disclose factually that the plaintiff's physical condition is such as to entitle her to a special preference...

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