Hladik v. Ellis Hospital

90 A.D.2d 584, 456 N.Y.S.2d 129, 1982 N.Y. App. Div. LEXIS 18648

Opinion

Appeal from an order of the Supreme Court at Trial Term (Walsh, Jr., J.), entered April 29, 1982 in Schenectady County, which denied plaintiffs’ motion for a preference. On April 19,1982, plaintiffs moved, pursuant to CPLR 3403 (subd [a], par 5), for a preference since their action was one for medical malpractice. Although there was no opposition to their motion, Trial Term denied it for lack of a showing of special circumstances warranting such relief. We do not construe the statute as requiring any such showing. Under CPLR 3403 (subd [a], par 5), an action to recover damages for medical malpractice is entitled to a preference. Accordingly, the order of Trial Term should be reversed and plaintiffs’ motion for a preference should be granted. Order reversed, on the law, with costs, and motion granted. Sweeney, J. P., Kane, Casey, Weiss and Levine, JJ., concur.