Opinion
May 26, 1981
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Queens County, dated February 15, 1980, which denied them a general preference and transferred the action to the Civil Court of the City of New York. Order reversed, without costs or disbursements, and a general preference is granted. The action is to be tried in the Supreme Court. Considering the nature and extent of the injuries claimed to have resulted from the accident, and the amount of special damages alleged to have been sustained, a general preference, in the proper exercise of discretion, should have been granted. (See Watts v Andion, 69 A.D.2d 901; Coletto v Keogh, 44 A.D.2d 712; Phillips v Beechcraft Apts., Section No. 1 Corp., 36 A.D.2d 729; Palescandolo v Mangione, 33 A.D.2d 781; Liebowitz v Rector, Churchwardens Vestrymen of Trinity Church of City of N.Y., 13 A.D.2d 734.) Titone, J.P., Gibbons, Gulotta and Margett, JJ., concur.