Patterson v. Anderson Avenue Associates

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered February 28, 1997, which denied plaintiffs motion for a special trial prefer

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 AD2d 603 ). We find that plaintiffs 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 AD2d 151 , affd on other grounds 87 NY2d 871 ; Zangiacomi v Hood, 193 AD2d 188 ; Thompson v City of New York, 140 AD2d 232 ). Concur— Sullivan, J. P., Rosenberger, Wallach and Tom, JJ.