Opinion
October 2, 1961
In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Queens County, dated June 27, 1961, denying, on reconsideration, his motion for a preference in trial under rule 9 of the Queens County Supreme Court Rules. Order reversed, with $10 costs and disbursements, and plaintiff's motion for a preference granted. In our opinion, the plaintiff made out a prima facie case for a rule 9 preference. Defendant failed to oppose the motion in the court below. But even if it had, we believe that under the circumstances here the preference should have been granted. Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.