Article 34. Calendar Practice; Trial Preferences · Last amended 2022 · Last verified July 21, 2026
In one sentenceCPLR 3403 lists the civil cases, including government-party actions, statutory preferences, litigants over seventy, malpractice claims, terminally ill plaintiffs, and revived sexual-offense claims under the Child Victims Act and Adult Survivors Act, entitled to jump ahead of the ordinary trial calendar, and sets the deadline for asking for that preference.
(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 or two hundred fourteen-j 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.
Plain-English Summary
New York generally tries civil cases in the order their notes of issue were filed. CPLR 3403(a) creates exceptions: certain cases move ahead of that line regardless of when they were filed.
The list covers actions brought by or against the state or a political subdivision (or an officer acting in that capacity), actions where another statute already grants a preference, and cases where the interest of justice calls for an early trial. It also covers any action where a party has turned seventy, actions to recover damages for medical, dental, or podiatric malpractice, personal injury actions where the plaintiff is terminally ill because of the defendant's alleged conduct, and actions revived under section 214-g (the Child Victims Act, for child sexual abuse claims) or section 214-j (the Adult Survivors Act, for sexual-offense claims by adult victims) of the CPLR.
CPLR 3403(b) sets the timing for asking. Ordinarily, notice of a motion for preference goes in with the note of issue if the moving party is the one filing it, or within ten days after that filing for any other party. A party who turns seventy or becomes terminally ill later in the case can move for a preference at that point, even if the case has been pending for years.
Frequently Asked Questions
How do trial preferences work in New York?
Under CPLR 3403, certain categories of cases, such as government-party actions, statutory-preference cases, and cases involving elderly or terminally ill litigants, can be tried ahead of the ordinary calendar order once a party moves for the preference.
Can I get a trial preference in New York because I'm over seventy?
Yes. CPLR 3403(a)(4) entitles any party who has reached seventy years of age to a trial preference, and a party who turns seventy during the case may move for the preference at that time.
Do medical malpractice cases get a trial preference in New York?
Yes. CPLR 3403(a)(5) entitles actions to recover damages for medical, dental, or podiatric malpractice to a trial preference.
How do I ask for a trial preference under CPLR 3403?
Notice of a motion for preference is served with the note of issue by the party filing it, or within ten days after that filing by any other party, though a party who later turns seventy or becomes terminally ill can move at that point.
What does "interest of justice" mean as grounds for a trial preference?
CPLR 3403(a)(3) grants a preference whenever an early trial serves the interest of justice, a flexible standard the court applies to the circumstances of the individual case.
Do revived child sexual abuse or adult sexual assault cases get a trial preference in New York?
Yes. CPLR 3403(a)(7) grants a preference to actions revived under section 214-g, the Child Victims Act, or section 214-j, the Adult Survivors Act, which covers sexual-offense claims by victims who were adults at the time of the conduct.
Advisory Committee Notes
This rule is the same as former rule 151 with minor language changes but no change in substance. Form §§ 139 and 140 are omitted as unnecessary. CPA § 139 provided preferences for certain actions by the state but they were covered in former rule 151. CPA § 140 permitted the Appellate Division to adopt rules for preferences. CPLR rule 5521 (preferences on appeal) does not contain a guide on methods of obtaining a preference because the matter is covered by the rules of the various appellate courts. See, e.g., Court of Appeals Rules of Practice, Rule XIV; Appellate Division, First Department Rules, Rule V.
A preference may be obtained by a party other than the one filing the note of issue.
Editor's Notes Laws 1990, ch 670, § 3, eff July 22, 1990, provides as follows:
§ 3. This act shall take effect immediately and shall apply to such actions accruing on or after such date.
§ 12. The provisions of this act shall be severable, and if any clause, sentence, paragraph, subdivision or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1970, ch 907, §§ 1, 2; L 1975, ch 109, § 8; L 1979, ch 61, §§ 1, 2, eff April 9, 1979; L 1985, ch 760, § 4; L 1986, ch 485, § 5, eff July 21, 1986; L 1990, ch 670, §§ 1, 2, eff July 22, 1990; L 2019, ch 11, § 4, effective February 14, 2019; L 2022, ch 203, § 2, effective May 24, 2022.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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