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OCERA v. SOLOMON

110 A.D.2d 628 (1985)

Christopher Ocera, an Infant, by His Mother and Natural Guardian, Carole Ocera, et al., Respondents, v. Charles Solomon, Appellant. (And a Third-Party Action)

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

April 1, 1985

Order reversed, with costs, and motion denied.

Special Term improvidently granted plaintiffs' motion for an accelerated trial date based on the advanced age of the defendant. CPLR 3403 (a) (3) requires that the movant demonstrate by a showing of unequivocable proof that the anticipated lag in reaching trial is likely to cause unusual hardship. The plaintiffs' speculative assertion that the defendant will not survive the...

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