Biengardo v. Ter Bush

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Orange County, entered April 15, 1976, which denied their motion for a special preference, without prejudice to renewal upon submission of an additional affidavit attesting to certain facts, including the fact that plaintiff Frank Biengardo "is presently a recipient of public assistance because he is unable to obtain gainful employment due to the injuries sustained in the accident”. Order modified by deleting therefrom the phrase "due to the injuries sustained in the…