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...
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