Johnson v. Danna Oil Co.

New York Supreme Court

Johnson v. Danna Oil Co.

28 Misc. 2d 651, 216 N.Y.S.2d 314, 1961 N.Y. Misc. LEXIS 2889

DecidedMay 17, 1961

StatusPublished

This text of 28 Misc. 2d 651 (Johnson v. Danna Oil Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Danna Oil Co., 28 Misc. 2d 651, 216 N.Y.S.2d 314, 1961 N.Y. Misc. LEXIS 2889 (N.Y. Super. Ct. 1961).

Pincite

Opinion

Mario Pittoni, J.

Plaintiffs’ motion for a preference, pursuant to rule 151 of the Buies of Civil Practice, is granted. Plaintiff, John Ellis, is 75 years of age, and in the uncontroverted opinion of his physician, with a reasonable degree of medical certainty, he will not survive a lengthy delay in the trial of this case (cf. Sugarman v. Froom, 8 A D 2d 857 [2d Dept.] ; Mannina v. Quilas, 2 A D 2d 682 [2d Dept.]; Migliorisi v. R. K. O.-Keith Orpheum Theatres, 1 A D 2d 836 [2d Dept.]). It is common knowledge that the wait for a jury trial in Nassau County exceeds six years. The motion for a preference is, therefore, granted.

The case shall be added to the foot of the June 5,1961 calendar.

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Mario Pittoni, J.

Plaintiffs’ motion for a preference, pursuant to rule 151 of the Buies of Civil Practice, is granted. Plaintiff, John Ellis, is 75 years of age, and in the uncontroverted opinion of his physician, with a reasonable degree of medical certainty, he will not survive a lengthy delay in the trial of this case (cf. Sugarman v. Froom, 8 A D 2d 857 [2d Dept.] ; Mannina v. Quilas, 2 A D 2d 682 [2d Dept.]; Migliorisi v. R. K. O.-Keith Orpheum Theatres, 1 A D 2d 836 [2d Dept.]). It is common knowledge that the wait for a jury trial in Nassau County exceeds six years. The motion for a preference is, therefore, granted.

The case shall be added to the foot of the June 5,1961 calendar.

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Bluebook (online)

28 Misc. 2d 651, 216 N.Y.S.2d 314, 1961 N.Y. Misc. LEXIS 2889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-danna-oil-co-nysupct-1961.