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This entry was published on 2019-02-15
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SECTION 3403
Trial preferences
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 34
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.