Cruz v. Integrated Health Administrative Services, Inc.

OPINION OF THE COURT

Salvatore J. Módica, J.

The plaintiff has filed a motion for a trial preference based on the age requirement contained in CPLR 3403 (a) (4). In support of his application, the plaintiff presented documentary proof that he is 75 years old. (See CPLR 3403 [a] [4].) A party to any action who has reached the age of 70 years shall, upon application, be entitled to a trial preference. The defense opposes the instant motion on a ground that has nothing to do with whether or not the plaintiff has met the age requirement set forth in the statute. After examining CPLR 3403 and the…