Bladt v. City of New York

Appellate Division of the Supreme Court of New York

Bladt v. City of New York

38 A.D.2d 954, 331 N.Y.S.2d 496, 1972 N.Y. App. Div. LEXIS 5101

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

DecidedMarch 20, 1972

StatusPublished

This text of 38 A.D.2d 954 (Bladt v. City of New York) 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

Bladt v. City of New York, 38 A.D.2d 954, 331 N.Y.S.2d 496, 1972 N.Y. App. Div. LEXIS 5101 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated March 2, 1971, as, upon reconsideration-, adhered do earlier denials of general and special trial preferences. Order reversed insofar as appealed from, with $10 costs and disbursements against respondents jointly; general and special preferences granted; [955]*955and case remitted to the Trial Term for the making and entry of an appropriate order with respect to placing the case on the trial calendar. In our opinion, under the circumstances of this case, the nature and extent of the injuries and disabilities claimed to have resulted from the accident were sufficient to warrant a possible evaluation in excess of the jurisdiction of the Civil Court of the City of New York; and in view of the fact that plaintiff is over 75 years of age, she qualifies for a special trial preference pursuant to CPLR 3403 (subd. [a], par. 4). Hopkins, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated March 2, 1971, as, upon reconsideration-, adhered do earlier denials of general and special trial preferences. Order reversed insofar as appealed from, with $10 costs and disbursements against respondents jointly; general and special preferences granted; [955]*955and case remitted to the Trial Term for the making and entry of an appropriate order with respect to placing the case on the trial calendar. In our opinion, under the circumstances of this case, the nature and extent of the injuries and disabilities claimed to have resulted from the accident were sufficient to warrant a possible evaluation in excess of the jurisdiction of the Civil Court of the City of New York; and in view of the fact that plaintiff is over 75 years of age, she qualifies for a special trial preference pursuant to CPLR 3403 (subd. [a], par. 4). Hopkins, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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Bluebook (online)

38 A.D.2d 954, 331 N.Y.S.2d 496, 1972 N.Y. App. Div. LEXIS 5101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bladt-v-city-of-new-york-nyappdiv-1972.