MULLER v. BRAILOFSKY


179 Misc.2d 634 (1999)

685 N.Y.S.2d 884

Abraham Muller, Plaintiff, v. Itzchok D. Brailofsky, Defendant.

Supreme Court, Kings County.

January 21, 1999


Attorney(s) appearing for the Case

B. Joseph Barrett, New York City (Franshone Winn of counsel), for defendant. Avrohom Becker, New York City, for plaintiff.


JAMES H. SHAW, JR., J.

Defendant has moved to vacate plaintiff's note of issue and certificate of readiness. The plaintiff has cross-moved to obtain a special age preference for trial since he is 76 years old.

In September 1998, defense counsel received from plaintiff's counsel a note of issue and a certificate of readiness alleging that there was compliance with discovery.

Upon examining the papers, the court has found that there has...

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