QUINONES v. HUNCHAK

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.