Cohen v. Great Atlantic & Pacific Tea Co.

(concurs with the following memorandum). ■ While I agree with the affirmance of the order granting this 75-year-old plaintiff, who is suffering from “ senile debility ” a preference in the trial of. her action I would squarely place the affirmance on the sole ground of plaintiff’s age. As I noted "in Bernstein v. Strammiello (202 Misc. 823), the sole criterion prescribed by subdivision 3 of rule 151 of the Rules of Civil Practice for the granting of a preference is ‘ ‘ that the interests of justice * * * be served by an early trial”. It is universally recognized that after “three score and…