RAB v. COLON


37 A.D.2d 813 (1971)

Sandu Rab, Appellant, v. Blanca Colon, Respondent

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

October 7, 1971


Plaintiff, who was 75 years of age at the time that this personal injury action was placed on the calendar, moved for a general preference, which motion was denied. Thereafter he moved for a special trial preference, based upon his age, pursuant to CPLR 3403 (subd. [a], par. 4). That section provides for a trial preference "in any action upon the application of a party who has reached the age of seventy-five years". The majority of this court cannot agree with plaintiff's...

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