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BOBOWSKI v. TOOMEY

108 Misc.2d 1061 (1981)

Rose Bobowski et al., Plaintiffs, v. Dorothy M. Toomey et al., Defendants.

Supreme Court, Special Term, Albany County.

February 26, 1981

Attorney(s) appearing for the Case

De Graff, Foy, Conway, Holt-Harris & Mealey (Michael J. Cunningham of counsel), for plaintiffs. Hesson, Ford, Sherwood & Whalen for defendants.

LAWRENCE E. KAHN, J.

This is a motion for an order placing this action on the calendar as a preferred cause so that the same may be tried as soon as practicable at the 1981 Term of the Supreme Court, Albany County. The basis for the relief requested is predicated upon CPLR 3403 (subd [a], par 4) which provides for the granting of a trial preference upon the application of a party who has reached the age of 70 years. It is not contested that the plaintiff...

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