Longo v. Equitable Life Assurance Society

New York Supreme Court

Longo v. Equitable Life Assurance Society

100 Misc. 2d 606, 420 N.Y.S.2d 123, 1979 N.Y. Misc. LEXIS 2513

CourtNew York Supreme Court

DecidedAugust 20, 1979

StatusPublished

Cited by1 cases

This text of 100 Misc. 2d 606 (Longo v. Equitable Life Assurance Society) 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

Longo v. Equitable Life Assurance Society, 100 Misc. 2d 606, 420 N.Y.S.2d 123, 1979 N.Y. Misc. LEXIS 2513 (N.Y. Super. Ct. 1979).

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Opinion

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 which is listed her loss of earnings as an employed sewing machine operator earning an hourly wage.

Truly, the real party in interest in this case is plaintiff, Anna Longo, not Guiseppi Longo, but Anna Longo has as yet not even reached the age of 60 years and had the application been made by her it would have to be denied. It is the interpretation of this court based upon Campbell v Kelly (42 AD2d 601) that the statute, CPLR 3403 (subd [a]) which grants a trial preference in any action upon the application of a [607]*607party who has reached the age of 70 years, is meant to be such party, one who is the "real party in interest”, not otherwise.

Motion is denied.

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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 which is listed her loss of earnings as an employed sewing machine operator earning an hourly wage.

Truly, the real party in interest in this case is plaintiff, Anna Longo, not Guiseppi Longo, but Anna Longo has as yet not even reached the age of 60 years and had the application been made by her it would have to be denied. It is the interpretation of this court based upon Campbell v Kelly (42 AD2d 601) that the statute, CPLR 3403 (subd [a]) which grants a trial preference in any action upon the application of a [607]*607party who has reached the age of 70 years, is meant to be such party, one who is the "real party in interest”, not otherwise.

Motion is denied.

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Bluebook (online)

100 Misc. 2d 606, 420 N.Y.S.2d 123, 1979 N.Y. Misc. LEXIS 2513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/longo-v-equitable-life-assurance-society-nysupct-1979.

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