Summary
In Patterson v. Anderson Ave. Associates, 242 A.D.2d 430 (1st Dept. 1997), the Appellate Division also reversed an order of the trial court denying plaintiff trial preference in the interests of justice.
Summary of this case from Curtis v. JFT Corp.Opinion
September 4, 1997
Appeal from Supreme Court, Bronx County (Bertram Katz, J.).
CPLR 3403 (a)(3) allows the court to analyze each request for a preference in light of the unique circumstances of that case (Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3403:4; see, Smith v. Schnabel, 34 A.D.2d 603). We find that plaintiff's proofs of a serious injury worsening over time, his inability to work, and his role as a single parent of four children (ages 4 to 12) subsisting on Social Security disability benefits of about $1,000 per month, present a case in which the interests of justice will be served by an early trial ( Kellman v 45 Tiemann Assocs., 213 A.D.2d 151, affd on other grounds 87 N.Y.2d 871; Zangiacomi v. Hood, 193 A.D.2d 188; Thompson v. City of New York, 140 A.D.2d 232).
Concur — Sullivan, J.P., Rosenberger, Wallach and Tom, JJ.