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WILFREDO BELTRAN v. NAT BORSTEIN ET AL. (07/14/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


July 14, 1969

WILFREDO BELTRAN, APPELLANT,
v.
NAT BORSTEIN ET AL., RESPONDENTS

In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Kings County, dated October 16, 1968, which denied his motion for a special preference pursuant to CPLR 3403.

Rabin, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.

Plaintiff, as a result of injuries suffered in the accident in question, has been unable to work since the accident and has become a recipient of welfare from the City of New York. The application for a special preference should have been granted (Quinones v. Hunchak, 28 A.D.2d 997; Stevens v. Bridge Auto Renting Corp., 262 App. Div. 872).

Disposition

 Order reversed, on the law and the facts, with one bill of $10 costs and disbursements jointly against respondents filing separate briefs; motion for special preference granted; and case remanded to Special Term for entry of an appropriate implementing order.

19690714

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