Dodumoff v. Lyons

In a personal injury action, based on negligence, Special Term denied a preference under 151 Buies of Civil Practice. In doing so, the court noted that “ plaintiff might have an early trial by waiving a jury ”. The order should be reversed and a preference granted.

Plaintiff is 74 years of age, and he has ‘ ‘ made a strong showing, supported by an unreserved and unequivocal affidavit by a physician, that * * * he will not survive for the length of time it will take for his case to come to trial ” (Kuznetz v. Neuman, 3 A D 2d 743). Indeed, the averments of plaintiff’s physician, a physician…