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PATTERSON v. ANDERSON AVE. ASSOCS.

242 A.D.2d 430 (1997)

662 N.Y.S.2d 34

Gregory Patterson, Appellant, v. Anderson Avenue Associates et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

September 11, 1997

CPLR 3403 (a) (3) allows the court to analyze each request for a preference in light of the unique circumstances of that case (Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3403:4; see, Smith v Schnabel, 34 A.D.2d 603). We find that plaintiff's proofs of a serious injury worsening over time, his inability to work, and his role as a single parent of four...

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