Bethiel v. Saxton

Appellate Division of the Supreme Court of New York

Bethiel v. Saxton

55 A.D.2d 612, 389 N.Y.S.2d 133, 1976 N.Y. App. Div. LEXIS 15335

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

DecidedDecember 13, 1976

StatusPublished

This text of 55 A.D.2d 612 (Bethiel v. Saxton) 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

Bethiel v. Saxton, 55 A.D.2d 612, 389 N.Y.S.2d 133, 1976 N.Y. App. Div. LEXIS 15335 (N.Y. Ct. App. 1976).

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Opinion

In an action to recover damages for wrongful death and conscious pain and suffering, defendants appeal, as limited by their briefs, from so much of an order of the Supreme Court, Nassau County, dated September 10, 1976, as, in the interests of justice, granted plaintiff’s motion for a special preference. Order reversed insofar as appealed from, without costs or disbursements, and motion denied. In our opinion, it was an improvident exercise of discretion to grant a preference since the papers submitted on plaintiff’s behalf fail to sufficiently establish his indigency (cf. Lucas v Gorey, 26 AD2d 557). Moreover, no sufficient reason has been shown for plaintiff’s lack of employment. Gulotta, P. J., Hopkins, Martuscello and Suozzi, JJ., concur.

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In an action to recover damages for wrongful death and conscious pain and suffering, defendants appeal, as limited by their briefs, from so much of an order of the Supreme Court, Nassau County, dated September 10, 1976, as, in the interests of justice, granted plaintiff’s motion for a special preference. Order reversed insofar as appealed from, without costs or disbursements, and motion denied. In our opinion, it was an improvident exercise of discretion to grant a preference since the papers submitted on plaintiff’s behalf fail to sufficiently establish his indigency (cf. Lucas v Gorey, 26 AD2d 557). Moreover, no sufficient reason has been shown for plaintiff’s lack of employment. Gulotta, P. J., Hopkins, Martuscello and Suozzi, JJ., concur.

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Bluebook (online)

55 A.D.2d 612, 389 N.Y.S.2d 133, 1976 N.Y. App. Div. LEXIS 15335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bethiel-v-saxton-nyappdiv-1976.

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