Fackre v. Rubenstein

Appellate Division of the Supreme Court of New York

Fackre v. Rubenstein

40 A.D.2d 990, 338 N.Y.S.2d 589, 1972 N.Y. App. Div. LEXIS 3139

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

DecidedDecember 11, 1972

StatusPublished

This text of 40 A.D.2d 990 (Fackre v. Rubenstein) 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

Fackre v. Rubenstein, 40 A.D.2d 990, 338 N.Y.S.2d 589, 1972 N.Y. App. Div. LEXIS 3139 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from (a) an order of the Supreme Court, Queens County, dated May 21, 1971, which denied a general preference, and (b) an order of the same court, dated October 28, 1971, which denied plaintiffs’ motion for reconsideration. -Order of October 28, 1971 reversed, without costs, motion for reconsideration granted and, on reconsideration, a general preference is granted. If so advised, defendants may have a further physical examination upon 10 days’ written notice. Appeal from order of May 21, 1971 dismissed, without costs. In our opinion, the claimed injuries and special damages were sufficient to warrant the grant of a general preference. The order of May 21, 1971 was not included in the record on appeal. In any event, the appeal from that order is academic in view of the determination herein on the appeal from the order of October 28,1971. Hopkins, Acting P. J., Munder, Gulotta, Brennan and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from (a) an order of the Supreme Court, Queens County, dated May 21, 1971, which denied a general preference, and (b) an order of the same court, dated October 28, 1971, which denied plaintiffs’ motion for reconsideration. -Order of October 28, 1971 reversed, without costs, motion for reconsideration granted and, on reconsideration, a general preference is granted. If so advised, defendants may have a further physical examination upon 10 days’ written notice. Appeal from order of May 21, 1971 dismissed, without costs. In our opinion, the claimed injuries and special damages were sufficient to warrant the grant of a general preference. The order of May 21, 1971 was not included in the record on appeal. In any event, the appeal from that order is academic in view of the determination herein on the appeal from the order of October 28,1971. Hopkins, Acting P. J., Munder, Gulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 990, 338 N.Y.S.2d 589, 1972 N.Y. App. Div. LEXIS 3139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fackre-v-rubenstein-nyappdiv-1972.