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Matheson v. Joy-Kar Taxi, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1969
32 A.D.2d 544 (N.Y. App. Div. 1969)

Opinion

April 14, 1969


In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Nassau County, dated June 6, 1968, which denied his motion for reconsideration of a prior denial of a trial preference. Order reversed, on the law and the facts, with $10 costs and disbursements, and trial preference granted. In our opinion, the fact that plaintiff received public assistance from the Nassau County Department of Public Welfare prior to his accident, and the fact that there is no causal relationship between his welfare status and his accident, should not, in and of themselves, deprive him of a trial preference based on indigency. To require that there be a causal connection between plaintiff's indigency and the incident resulting in the cause of action would be to establish an inflexible rule somewhat at odds with the "interests of justice" basis for granting a trial preference (see CPLR 3403, subd. [a], par. 3). The "interests of justice" warrant a trial preference at bar. Christ, Acting P.J., Brennan, Rabin, Hopkins and Kleinfeld, JJ., concur.


Summaries of

Matheson v. Joy-Kar Taxi, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1969
32 A.D.2d 544 (N.Y. App. Div. 1969)
Case details for

Matheson v. Joy-Kar Taxi, Inc.

Case Details

Full title:HARRY F. MATHESON, Appellant, v. JOY-KAR TAXI, INC., et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 14, 1969

Citations

32 A.D.2d 544 (N.Y. App. Div. 1969)
299 N.Y.S.2d 660

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