Opinion
March 8, 1971
In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Queens County, dated August 9, 1968, which denied his motion for reconsideration of a prior denial of a general preference. Order reversed, with $10 costs and disbursements; motion granted; and a general preference ordered. Plaintiff sustained a comminuted fracture of the proximain of the ulna, resulting in a loss of flexion and extension of the left elbow. Defendant's physician confirmed the finding of permanent disability and functional loss. In our opinion, the nature and extent of the disability was sufficient to warrant a possible evaluation in excess of the jurisdiction of the Civil Court of the City of New York and a general preference should have been granted ( Liebowitz v. Rector, etc., of Trinity Church, 13 A.D.2d 734; Reisner v. New York Kosher Provisions, 20 A.D.2d 519). Munder, Acting P.J., Martuscello, Latham, Shapiro and Benjamin, JJ., concur.