Legal Opinion
Schneider v. Flowers
New York Supreme Court
Decided November 23, 1987PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Harold Tompkins, J.
The plaintiff in this action requests a special calendar preference and an early, trial under CPLR 3403 on the grounds that he is suffering from AIDS (Acquired Immune Deficiency Syndrome) and is thereby in imminent danger of death.
The court’s independent research has not discovered any officially reported cases in New York or in any other State as legal precedent to grant or decline a special trial preference when a party has AIDS.
General policy mandates that cases are tried in numerical sequence, the oldest first (22 NYCRR 202.22). However, CPLR 3403…
2Cases cited3 opinions
- Nold v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1983
- Sabater v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- Rago v. Nationwide InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by2 opinions
- Thompson v. ErwinSupreme Court of Arkansas · 1992
- Sanfilippo v. Carrington's of Melville, Inc.New York Supreme Court · 1993