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White v. Metro. Opera Assns.

Supreme Court of New York, First Department
Feb 1, 2024
2024 N.Y. Slip Op. 467 (N.Y. App. Div. 2024)

Opinion

No. 1586 Index No. 157064/13 Case No. 2022-04334

02-01-2024

Wendy White, Plaintiff-Appellant, v. Metropolitan Opera Associations, Inc., Defendant-Respondent.

Hasapidis Law Offices, South Salem (Annette G. Hasapidis of counsel), and Edelman & Edelman, P.C., New York (Howard Engle of counsel), for appellant. Katz & Rychik P.C., New York (Abe M. Rychik of counsel), for respondent.


Hasapidis Law Offices, South Salem (Annette G. Hasapidis of counsel), and Edelman & Edelman, P.C., New York (Howard Engle of counsel), for appellant.

Katz & Rychik P.C., New York (Abe M. Rychik of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Kern, Scarpulla, Rosado, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered October 3, 2022, which, upon renewal, denied plaintiff Wendy White's motion for a special trial preference, unanimously affirmed, without costs.

In this personal injury action, plaintiff, a renowned opera singer, was allegedly injured by a fall from an elevated platform while she was performing at the Metropolitan Opera House, a venue owned and operated by defendant Metropolitan Opera Association, Inc. (the Met).

It was a provident exercise of discretion for the court to deny plaintiff a special trial preference in the interests of justice (CPLR 3403[a][3]). The statute allows courts to analyze preference requests "in light of the unique circumstances of that case" (Patterson v Anderson Ave. Assocs., 242 A.D.2d 430, 430 [1st Dept 1997]). Here, while plaintiff's income decreased post-accident, it remained reasonably adequate (see Martinkovic v Chrysler Leasing Corp., 29 A.D.2d 636 [1st Dept 1986]); compare Roman v Sullivan Paramedicine, Inc., 101 A.D.3d 443, 443 [1st Dept 2012] [finding that a preference was warranted where disabling injury prevented plaintiff from working, she had exhausted her no-fault coverage and survived on food stamps, and lacked the resources to pay for necessary medical care]; Kellman v 45 Tiemann Assoc., 213 A.D.2d 151, 151 [1st Dept 1995], affd on other grounds 87 N.Y.2d 871 [1995] [holding that trial court properly granted a special trial preference where accident rendered plaintiff a paraplegic and she relied on Social Security disability payments to meet her financial burdens]; Srajer v Vanity Fair Mills, 159 A.D.2d 286 [1st Dept 1990]).

Further, contrary to defendant's argument, this appeal is not rendered moot by plaintiff's subsequent qualification for a special trial preference based upon age.

Lastly, we agree with the second department that CPLR 3403(a) does not automatically entitle a litigant to more than one trial preference per case (see Green v Vogel, 144 A.D.2d 66, 67 [2d Dept 1989]). Also, plaintiff's evidence in this case, would not qualify as "exceptional circumstances" so as to justify imposition of a second statutory preference or preference stacking (id. at 70; see also Stralberg v Mauer, 166 A.D.2d 522 [2d Dept 1990]).


Summaries of

White v. Metro. Opera Assns.

Supreme Court of New York, First Department
Feb 1, 2024
2024 N.Y. Slip Op. 467 (N.Y. App. Div. 2024)
Case details for

White v. Metro. Opera Assns.

Case Details

Full title:Wendy White, Plaintiff-Appellant, v. Metropolitan Opera Associations…

Court:Supreme Court of New York, First Department

Date published: Feb 1, 2024

Citations

2024 N.Y. Slip Op. 467 (N.Y. App. Div. 2024)