Peck v. Brookdale Hospital Medical Center

OPINION OF THE COURT

Ariel E. Belen, J.

*572Plaintiff in this medical malpractice action has moved for a special trial preference in the interests of justice, pursuant to CPLR 3403 (a) (3). Plaintiff already has a trial preference as she has an action to recover damages for medical malpractice under CPLR 3403 (a) (5). The question presented here is whether she is entitled to stack an additional preference on to this, giving this case priority on the already accelerated medical malpractice calendar. Plaintiff is indigent and she is currently under 24-hour-per-day care in a nursing home, the costs of…