Strong v. Baldwin

OPINION OF THE COURT

Anthony J. Ferraro, J.

Plaintiff moves for a special preference in this action to recover damages for injuries sustained in an auto accident as a result of the alleged negligence of the defendant.

As a result of the accident the plaintiff sustained a complex fracture of the left zygomaticomaxillary complex with marked displacement, a brain concussion and contusions of the left hand and leg.

As a general rule a mere severity of injuries is insufficient to warrant a special preference pursuant to CPLR 3403 (subd [a], par 3) because severe injuries are more of a general…