Bernstein v. Food City, Inc. (31 A.D.2d 915, 1969)

Order entered October 29, 1968, unanimously reversed on the law, on the facts and in the exercise of discretion without costs and without disbursements, and without prejudice to a new application at Trial Term for a preference, to he made upon proper papers containing appropriate medical proof. Mere proof of plaintiff's advanced “ Age alone does not warrant the granting of a preference [citing cases]” (Dockmoff v. Lyons, 4 A D 2d 626, 627). Concur—Stevens, P. J., Eager, Capozzoli, McGivern and Markewich, JJ.