Collier v. U. S. Trucking Corp.

Appellate Division of the Supreme Court of New York

Collier v. U. S. Trucking Corp.

40 A.D.2d 655, 336 N.Y.S.2d 979, 1972 N.Y. App. Div. LEXIS 3704

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

DecidedOctober 19, 1972

StatusPublished

Cited by1 cases

This text of 40 A.D.2d 655 (Collier v. U. S. Trucking Corp.) 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

Collier v. U. S. Trucking Corp., 40 A.D.2d 655, 336 N.Y.S.2d 979, 1972 N.Y. App. Div. LEXIS 3704 (N.Y. Ct. App. 1972).

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Opinion

Order, Supreme Court, New York County, entered on March 22, 1972, granting motion to remove the action from the Civil Court to the Supreme Court, reversed, on the law and the facts, and the motion denied. Appellant shall recover of respondents $40 costs and disbursements of this appeal. This action for personal injuries is based on an accident which happened in June, 1964. Suit was started the same year in the Civil Court. The action was noticed for trial in 1967. Eight years after the accident and five years after the matter was ready for trial it is claimed that the plaintiff discovered that his injuries were more serious than had been anticipated. We find that the proof submitted does not meet the required standards (London v. Moore, 32 A D 2d 543). Concur —McNally, J. P., Steuer, Tilzer and Eager, JJ.; Capozzoli, J., dissents and votes to affirm.

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Order, Supreme Court, New York County, entered on March 22, 1972, granting motion to remove the action from the Civil Court to the Supreme Court, reversed, on the law and the facts, and the motion denied. Appellant shall recover of respondents $40 costs and disbursements of this appeal. This action for personal injuries is based on an accident which happened in June, 1964. Suit was started the same year in the Civil Court. The action was noticed for trial in 1967. Eight years after the accident and five years after the matter was ready for trial it is claimed that the plaintiff discovered that his injuries were more serious than had been anticipated. We find that the proof submitted does not meet the required standards (London v. Moore, 32 A D 2d 543). Concur —McNally, J. P., Steuer, Tilzer and Eager, JJ.; Capozzoli, J., dissents and votes to affirm.

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Bluebook (online)

40 A.D.2d 655, 336 N.Y.S.2d 979, 1972 N.Y. App. Div. LEXIS 3704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collier-v-u-s-trucking-corp-nyappdiv-1972.

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