PATTERSON v. ANDERSON AVENUE ASSOCIATES

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 children (ages 4 to 12) subsisting on Social Security disability benefits of about $1,000 per month, present a case in which the interests of justice will be served by an early trial ( Kellman v 45 Tiemann Assocs., 213 A.D.2d 151, affd on other grounds 87 N.Y.2d 871; Zangiacomi v. Hood, 193 A.D.2d 188; Thompson v. City of New York, 140 A.D.2d 232).

Concur — Sullivan, J.P., Rosenberger, Wallach and Tom, JJ.