Narrative Opinion Summary
An appeal was made against an order from the Supreme Court at Trial Term (Walsh, Jr. J.), which denied the plaintiffs' motion for a preference in their medical malpractice case. The plaintiffs moved for a preference on April 19, 1982, citing CPLR 3403 (subd [a. par 5), and there was no opposition to this motion. However, the Trial Term denied the motion, stating that the plaintiffs failed to demonstrate special circumstances justifying the request. The appellate court determined that the statute does not mandate such a showing for medical malpractice cases. Consequently, the appellate court reversed the Trial Term's order, granted the plaintiffs' motion for a preference, and ordered costs to be awarded. The decision was concurred by Justices Sweeney, Kane, Casey, Weiss, and Levine.
Legal Issues Addressed
Preference in Medical Malpractice Cases under CPLR 3403subscribe to see similar legal issues
Application: The appellate court addressed the requirement for granting a preference in medical malpractice cases, determining that special circumstances are not necessary for such a preference under CPLR 3403.
Reasoning: The appellate court determined that the statute does not mandate such a showing for medical malpractice cases.
Reversal of Trial Court Orderssubscribe to see similar legal issues
Application: The appellate court reversed the Trial Term's denial of the plaintiffs' motion for a preference, emphasizing adherence to statutory interpretation and granting the plaintiffs' request.
Reasoning: Consequently, the appellate court reversed the Trial Term's order, granted the plaintiffs' motion for a preference, and ordered costs to be awarded.