Balestrero v. Prudential Insurance Co. of America

Appellate Division of the Supreme Court of New York

Balestrero v. Prudential Insurance Co. of America

285 A.D. 835, 137 N.Y.S.2d 134, 1955 N.Y. App. Div. LEXIS 5740

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 31, 1955

StatusPublished

This text of 285 A.D. 835 (Balestrero v. Prudential Insurance Co. of America) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Balestrero v. Prudential Insurance Co. of America, 285 A.D. 835, 137 N.Y.S.2d 134, 1955 N.Y. App. Div. LEXIS 5740 (N.Y. Ct. App. 1955).

Pincite

Opinion

Plaintiff in an action to recover damages for false arrest and malicious prosecution was granted a preference on the ground that he had incurred great expense and indebtedness as a result of the confinement of his wife for mental illness in private institutions. Defendants appeal from the order granting the preference. Order reversed, with $10 costs and disbursements to each appellant filing a separate brief, and motion [836]*836denied, without costs. The granting of the motion under the facts disclosed in this record was an improvident exercise of discretion. Concededly plaintiff is gainfully employed at a salary in excess of $100 a week. Wenzel, Acting P. J., MacCrate, Beldock, Murphy and Ughetta, JJ., concur.

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Plaintiff in an action to recover damages for false arrest and malicious prosecution was granted a preference on the ground that he had incurred great expense and indebtedness as a result of the confinement of his wife for mental illness in private institutions. Defendants appeal from the order granting the preference. Order reversed, with $10 costs and disbursements to each appellant filing a separate brief, and motion [836]*836denied, without costs. The granting of the motion under the facts disclosed in this record was an improvident exercise of discretion. Concededly plaintiff is gainfully employed at a salary in excess of $100 a week. Wenzel, Acting P. J., MacCrate, Beldock, Murphy and Ughetta, JJ., concur.

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Bluebook (online)

285 A.D. 835, 137 N.Y.S.2d 134, 1955 N.Y. App. Div. LEXIS 5740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balestrero-v-prudential-insurance-co-of-america-nyappdiv-1955.