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Quinones v. Hunchak

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 1967
28 A.D.2d 997 (N.Y. App. Div. 1967)

Opinion

October 2, 1967


In an action to recover damages for personal injuries, plaintiff Efrain Quinones appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated July 26, 1967, as, on reargument, adhered to the original decision denying plaintiffs' motion for a special preference pursuant to CPLR 3403. Order reversed insofar as appealed from, with $10 costs and disbursements; and motion for special preference granted and remanded to the Trial Term for entry of an appropriate implementing order. Appellant's moving papers establish that he has been receiving welfare from the City of New York since October 10, 1966, a date subsequent to the accident, which had occurred on December 24, 1964. His papers also allege that as a result of the accident he has been unable to work since March 3, 1966. In our opinion these two factors warrant the granting of a preference ( Rogers v. Derris, 281 App. Div. 697; Hardison v. Byrd, 252 App. Div. 758; Mayor v. Balde, 28 A.D.2d 649; Walker v. Cypress, 26 A.D.2d 797). Christ, Acting P.J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.


Summaries of

Quinones v. Hunchak

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 1967
28 A.D.2d 997 (N.Y. App. Div. 1967)
Case details for

Quinones v. Hunchak

Case Details

Full title:GLORIA QUINONES et al., Plaintiffs, and EFRAIN QUINONES, Appellant, v…

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

Date published: Oct 2, 1967

Citations

28 A.D.2d 997 (N.Y. App. Div. 1967)

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