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Rago v. Nationwide Insurance

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1986
120 A.D.2d 579 (N.Y. App. Div. 1986)

Opinion

May 12, 1986

Appeal from the Supreme Court, Westchester County (Ingrassia, J.).


Order affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Special Term properly denied the motion for a special trial preference, as the plaintiffs failed to demonstrate "that the anticipated lag in reaching trial is likely to cause unusual hardship" (Ocera v Solomon, 110 A.D.2d 628, 629). The plaintiffs failed to allege sufficient facts, such as imminent financial destitution, or a probability of death before trial, which would justify the granting of this extraordinary privilege (see, Marks v Freidus, 32 A.D.2d 964). As such, Special Term properly denied the requested relief (see, Morris Elecs. v Stereo E. Devs., 71 A.D.2d 1061). Eiber, J.P., Kunzeman, Kooper and Spatt, JJ., concur.


Summaries of

Rago v. Nationwide Insurance

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1986
120 A.D.2d 579 (N.Y. App. Div. 1986)
Case details for

Rago v. Nationwide Insurance

Case Details

Full title:EVELYN C. RAGO et al., Appellants, v. NATIONWIDE INSURANCE COMPANY et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 12, 1986

Citations

120 A.D.2d 579 (N.Y. App. Div. 1986)

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