Donlin v. Hemingway Transport, Inc.

Appellate Division of the Supreme Court of New York

Donlin v. Hemingway Transport, Inc.

34 A.D.2d 660, 310 N.Y.S.2d 1017, 1970 N.Y. App. Div. LEXIS 5122

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

DecidedApril 13, 1970

StatusPublished

This text of 34 A.D.2d 660 (Donlin v. Hemingway Transport, Inc.) 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

Donlin v. Hemingway Transport, Inc., 34 A.D.2d 660, 310 N.Y.S.2d 1017, 1970 N.Y. App. Div. LEXIS 5122 (N.Y. Ct. App. 1970).

Pincite

Opinion

In a negligence action to recover damages for wrongful death and conscious pain and suffering, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County, entered February 25, 1969, as, on reconsideration, adhered to the original determination denying her a general preference for trial. Order reversed insofar as appealed from, on the law and the facts and in the exercise of discretion, with $10 costs and disbursements, and general preference granted. In our opinion, the conflict of medical opinion as to the causal relationship between the accident and the death of plaintiff’s husband must be resolved at a trial (Koblein v. City of New York, 30 A D 2d 965; Martin v. Suarez, 30 A D 2d 947; Kahane v. Meehan, 24 A D 2d 768; cf. Kennedy v. Jere J. Cronin, Inc., 33 A D 2d 564). Christ, Acting F. J., Hopkins, Kleinfeld, Brennan and Benjamin, JJ., concur.

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In a negligence action to recover damages for wrongful death and conscious pain and suffering, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County, entered February 25, 1969, as, on reconsideration, adhered to the original determination denying her a general preference for trial. Order reversed insofar as appealed from, on the law and the facts and in the exercise of discretion, with $10 costs and disbursements, and general preference granted. In our opinion, the conflict of medical opinion as to the causal relationship between the accident and the death of plaintiff’s husband must be resolved at a trial (Koblein v. City of New York, 30 A D 2d 965; Martin v. Suarez, 30 A D 2d 947; Kahane v. Meehan, 24 A D 2d 768; cf. Kennedy v. Jere J. Cronin, Inc., 33 A D 2d 564). Christ, Acting F. J., Hopkins, Kleinfeld, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

34 A.D.2d 660, 310 N.Y.S.2d 1017, 1970 N.Y. App. Div. LEXIS 5122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donlin-v-hemingway-transport-inc-nyappdiv-1970.