8734-8735N-8735NA. SANTA ROMAN, plf-ap, v. SULLIVAN PARAMEDICINE, INC., ET AL., def-res, ARIE NUDEL, def-ap, DEBORAH L. MASTER, def — SANTA ROMAN, plf-ap, v. SULLIVAN PARAMEDICINE, INC., ET AL., def-res, DEBORAH L. MASTER, def — Edelman & Edelman, PC, New York (David M. Schuller of counsel), for Santa Roman, ap — Law Offices of Stewart H. Friedman, Garden City (Robert F. Horva of counsel), for Arie Nudel, appellant/res — Pillinger Miller Tarallo, LLP, Elmsford (Terri S. Hall of counsel), for Sullivan Paramedicine, Inc. and Holli N. Schoonmaker, res — Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered August 15, 2011, which denied plaintiff’s motion for a special trial preference, unanimously affirmed, without costs. Order, same court and Justice, entered April 9, 2012, which denied plaintiff’s motion to renew her motion for a special trial preference, unanimously reversed, on the law, the facts, and in the exercise of discretion, without costs, and, upon renewal, the motion granted. Order, same court and Justice, entered March 30, 2012, which granted defendants Sullivan Paramedicine, Inc. and Holli N. Schoonmaker’s motion for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion denied.
This action seeks recovery for injuries, including a disabling lower back injury, which required surgery, allegedly sustained by plaintiff in a motor vehicle accident. CPLR 3403(a) (3) provides that special trial preferences shall be granted in “an action in which the interests of justice will be served by an early trial.” While plaintiff failed to meet her burden in initially moving for a special trial preference on the ground of destitution (see Martinkovic v. Chrysler Leasing Corp., 29 AD2d 636 [1st Dept 1968]), the deficiencies were cured on renewal, with the submission of a further affidavit from her pain management specialist, an affidavit from her neurosurgeon, and the submission of documents evidencing her monthly household income and expenses.
