Borenstein v. City of New York

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Steinhardt, J.), dated September 16, 1997, which denied their motion pursuant to CPLR 3403 (a) (4) for a special trial preference.

Ordered that the order is reversed, with costs, and the motion is granted.

The Supreme Court improperly denied the plaintiffs’ motion for a trial preference pursuant to CPLR 3403 (a) (4). The injured plaintiff’s husband, who is over 70 years of age, possesses a recognizable cause of action. Therefore, under CPLR 3403 (a) (4), the…