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LONGO v. EQUIT LIFE ASSUR

100 Misc.2d 606 (1979)

Anna Longo et al., Plaintiffs, v. Equitable Life Assurance Society of the United States et al., Defendants.

Supreme Court, Trial Term, Queens County.

August 20, 1979

Attorney(s) appearing for the Case

Samuel G. Rabinor for plaintiffs. Bower & Gradner for defendants.

HAROLD HYMAN, J.

This is an application by the plaintiff Guiseppi Longo for a special preference pursuant to CPLR 3403 (subd [a], par 4) by reason of his having reached the age in excess of 70 years. Motion is opposed by the defendants who maintain that the action in the main and that the true real party in interest in this action is the plaintiff, Anna Longo, she having been the injured party and that the movant, Guiseppi Longo, is her husband whose...

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