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BORENSTEIN v. CITY OF NEW YORK

248 A.D.2d 425 (1998)

668 N.Y.S.2d 949

Claire Borenstein et al., Appellants, v. City of New York, Respondent

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

March 9, 1998

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 plaintiffs are automatically entitled to a special trial preference (see, Milton Point Realty Co. v Haas,

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