Appellate Division of the Supreme Court of New York, 1954

Walsh v. Federated Department Stores, Inc.

Walsh v. Federated Department Stores, Inc.
Appellate Division of the Supreme Court of New York · Decided April 20, 1954
283 A.D. 896; 129 N.Y.S.2d 599; 1954 N.Y. App. Div. LEXIS 5682
Walsh v. Federated Department Stores, Inc.

Opinion of the Court

In an action to recover damages for personal injuries, plaintiff appeals from an order denying her motion for a trial preference. It appears without dispute that plaintiff is seventy-five years of age and, in the opinion of her physician, will not survive the period within- which the action will be reached for trial in regular order. Order reversed, without costs, and motion granted, without costs. Under the facts we are of opinion that the preference should have been granted. Holán, P. J., Adel, Wenzel, MaeCrate and Beldoek, JJ., concur.

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