Longo v. Equitable Life Assurance Society

OPINION OF THE COURT

Harold Hyman, J.

This is an application by the plaintiff Guiseppi Longo for a special preference pursuant to CPLR 3403 (subd [a], par 4) by reason of his having reached the age in excess of 70 years. Motion is opposed by the defendants who maintain that the action in the main and that the true real party in interest in this action is the plaintiff, Anna Longo, she having been the injured party and that the movant, Guiseppi Longo, is her husband whose cause of action is one for loss of services. Plaintiffs’ bill of particulars lists Anna Longo’s special damages, part of…