Sanfilippo v. Carrington's of Melville, Inc.

OPINION OF THE COURT

Alan D. Oshrin, J.

The plaintiff moves pursuant to CPLR 3403 (a) (3) for a trial preference in the interests of justice on the grounds that he is suffering from a severe illness, that he is in danger of imminent death and he is destitute. The plaintiff is infected with *631the HIV virus which results in AIDS, and was first diagnosed as having the virus in 1984. The plaintiff states that his condition has grown progressively worse and that he presently suffers from the AIDS related complications of respiratory distress and failure; pneumonia; low blood count; migraine headaches;…