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TYTEL v. BATTERY BEER DISTRIBS., INC.

194 A.D.2d 330 (1993)

598 N.Y.S.2d 227

Pearl Tytel et al., Appellants, v. Battery Beer Distributors, Inc., et al., Respondents

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

June 3, 1993

It is undisputed that the injured plaintiff in this negligence action is 75 years of age. In denying plaintiff a trial preference, the motion court overlooked the mandatory language of CPLR 3403 (a) (4), which provides for such a preference "in any action" upon the application of a party who has reached age 70. The 1962 decision in Brier v Plaut (37 Misc.2d 476), cited as contrary authority by the motion court, no longer has...

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