The claimant sought a trial preference on the ground that its President, who was also a 35% stockholder, was 74 years of age at the time of the application, and in poor health (see, CPLR 3403 [a] [3], [4]). Contrary to the claimant's contention, its President, as a corporate officer and partial stockholder, does not possess a cognizable cause of action (see, Cooney...
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