Bobowski v. Toomey

OPINION OF THE COURT

Lawrence E. Kahn, J.

This is a motion for an order placing this action on the calendar as a preferred cause so that the same may be tried as soon as practicable at the 1981 Term of the Supreme Court, Albany County. The basis for the relief requested is predicated upon CPLR 3403 (subd [a], par 4) which provides for the granting of a trial preference upon the application of a party who has reached the age of 70 years. It is not contested that the plaintiff, Stanley Bobowski attained said age on November 5, 1980.

The plaintiff, Rose Bobowski, allegedly suffered extensive and…