2020 New York Laws
CVP - Civil Practice Law and Rules
Article 34 - Calendar Practice; Trial Preferences
R3403 - Trial Preferences.

Universal Citation: NY CPLR § 3403 (2020)
Rule  3403.  Trial preferences. (a) Preferred cases. Civil cases shall
be tried in the order in which notes of issue have been filed,  but  the
following shall be entitled to a preference:
  1.  an  action  brought  by  or  against  the  state,  or  a political
subdivision of the state, or an officer or  board  of  officers  of  the
state  or  a  political subdivision of the state, in his or its official
capacity, on the application of the state, the political subdivision, or
the officer or board of officers;
  2. an action where a preference is provided for by statute; and
  3. an action in which the interests of justice will be  served  by  an
early trial.
  4.  in  any action upon the application of a party who has reached the
age of seventy years.
  5. an action to recover  damages  for  medical,  dental  or  podiatric
malpractice.
  6.  an  action  to  recover  damages  for  personal injuries where the
plaintiff is terminally ill and alleges that such terminal illness is  a
result of the conduct, culpability or negligence of the defendant.
  7.  any  action which has been revived pursuant to section two hundred
fourteen-g of this chapter.

(b) Obtaining preference. Unless the court otherwise orders, notice of a motion for preference shall be served with the note of issue by the party serving the note of issue, or ten days after such service by any other party; or thereafter during the pendency of the action upon the application of a party who reaches the age of seventy years, or who is terminally ill.

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