Tintner v. Marangi

57 Misc. 2d 318, 292 N.Y.S.2d 779 (1968)

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Tintner v. Marangi

New York Supreme Court
57 Misc. 2d 318, 292 N.Y.S.2d 779 (1968)

Facts

Albert Tintner (plaintiff) sued Donato Marangi (defendant). In approximately 1966, Tintner moved for a special trial preference, i.e., an earlier trial date than Tintner ordinarily would receive. The supreme court denied Tintner’s motion without prejudice to a renewed motion, ruling, among other things, that Tintner failed to show that he was destitute. The supreme court also denied Tintner’s second motion for a special trial preference, which Tintner made a few months later. Tintner, who was 72 and whose wife was 71, made a third trial-preference motion after he lost his part-time job, leaving him fully reliant on his limited Social Security benefits. Moreover, Tintner and his wife were compelled to live with Tintner’s son, where the couple shared a bedroom with their two young grandchildren. Without a special trial preference, Tintner’s suit likely would not be tried until September 1970.

Rule of Law

Issue

Holding and Reasoning (Hawkins, J.)

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