Motion for Trial Preference in New York

What Is a Motion for Trial Preference?

Background

Civil cases are to be tried in the order in which Note of Issue has been filed, with certain actions entitled to a preference. (Civ. Prac. Law & Rules, § 3403(a).) The granting of trial preference results in the placement of an action on the trial calendar ahead of all those actions which do not qualify for a preference under the statute. (Green v. Vogel, 144 A.D.2d 66, 67 [2nd Dept. 1989].)

How to Structure the Motion

The following types of actions shall be entitled to a preference:

  1. an action brought by or against the state;
  2. an action where a preference is provided for by statute;
  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; and
  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.

(Civ. Prac. Law & Rules, § 3403(a).)

The Court’s Decision

Whether a case should be preferred for trial is a question of discretion, resting with the trial court. (Byk v. Enright, 208 A.D. 742 [2nd Dept. 1924].) The court holds that “a Trial Justice may, in accordance with the broad latitude granted by the Uniform Rules for the New York State Trial Courts and in the exercise of sound judicial discretion, facilitate prompt trial of those actions which present extraordinary or exceptional circumstances in order to further the ends of justice.” (Green v. Vogel, 144 A.D.2d 66, 67 [2nd Dept. 1989].)

The courts may analyze each request for a preference in light of the unique circumstances of that case. (Patterson v. Anderson Ave. Associates., 242 A.D.2d 430 [1st Dept. 1997].)

Timeline

“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.” (Civ. Prac. Law & Rules, § 3403(b).)

Documents

1-10 of 10000 results

County

New York County, NY

Filed Date

Aug 08, 2022

Type

Torts - Motor Vehicle

Judge Hon. Denise Dominguez Trellis Spinner 👉 Discover key insights by exploring more analytics for Denise Dominguez
Case Filed

May 27, 2020

Case Status

Active

County

Saratoga County, NY

Filed Date

Aug 08, 2022

Judge

James E Walsh

Case Filed

May 27, 2020

Case Status

Active

County

Saratoga County, NY

Filed Date

Aug 08, 2022

Judge

James E Walsh

Case Filed

May 27, 2020

Case Status

Active

County

Saratoga County, NY

Filed Date

Aug 08, 2022

Judge

James E Walsh

Case Filed

May 27, 2020

Case Status

Active

County

Saratoga County, NY

Filed Date

Aug 08, 2022

Judge

James E Walsh

County

Dutchess County, NY

Filed Date

Aug 03, 2022

County

Westchester County, NY

Filed Date

Jul 29, 2022

Judge

Damaris Torrent

Case Filed

Feb 25, 2021

Case Status

Active

County

Kings County, NY

Filed Date

Jul 27, 2022

Judge Hon. Richard Velasquez Trellis Spinner 👉 Discover key insights by exploring more analytics for Richard Velasquez
County

Queens County, NY

Filed Date

Jul 15, 2022

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