CAMPBELL v. KELLY


42 A.D.2d 601 (1973)

Bernard J. Campbell, as Executor of Patrick N. Breslin, Deceased, Appellant, v. Frances N. Kelly et al., Respondents

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

June 25, 1973


Order reversed, with one bill of $20 costs and disbursements jointly against defendants appearing separately, and motion granted. CPLR 3403 (subd. [a], par. 4) authorizes a trial preference "in any action upon the application of a party who has reached the age of seventy-five years."

The mother of plaintiff's decedent is 78 years old. The decedent was her sole support and she will be the major beneficiary of any recovery in this action (see EPTL 4-1.1, 5-4.4). Inasmuch...

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