Opinion
October 26, 1970
In a negligence action to recover damages for personal injuries, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, entered March 17, 1970, as, upon reargument, adhered to the original determination denying a general preference. Order reversed insofar as appealed from, with $10 costs and disbursements, and general preference granted. In our opinion, plaintiff made a satisfactory prima facie showing of injuries which could properly support a verdict in excess of $10,000, notwithstanding the powerful evidence to the contrary. Under these circumstances, the denial of a general preference was not indicated ( Manzitto v. Jack Parker Constr. Corp., 28 A.D.2d 552; Burchell v. Elbe Cab Corp., 5 A.D.2d 889). Hopkins, Acting P.J., Martuscello, Kleinfeld, Brennan and Benjamin, JJ., concur.