Fitzgerald v. South Norwalk Trust Co.

Appellate Division of the Supreme Court of New York

Fitzgerald v. South Norwalk Trust Co.

1 A.D.2d 822, 149 N.Y.S.2d 355, 1956 N.Y. App. Div. LEXIS 6242

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

DecidedFebruary 24, 1956

StatusPublished

This text of 1 A.D.2d 822 (Fitzgerald v. South Norwalk Trust Co.) 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

Fitzgerald v. South Norwalk Trust Co., 1 A.D.2d 822, 149 N.Y.S.2d 355, 1956 N.Y. App. Div. LEXIS 6242 (N.Y. Ct. App. 1956).

Pincite

Opinion

Ordinarily, we would not interfere with the exercise of discretion of a judge presiding in the calendar part in denying an application for a two-year advance of a case on the Toft Calendar. However, special circumstances appear to be present in this case. The brain damage claimed here is epileptic in nature. There were no manifestations of the condition for some months after the Municipal Court action was commenced. It is evident that protracted medical examinations would be required before a determination could be made of causal relationship. In view of all of these special circumstances, the order of the court below is unanimously modified to grant the application to place the action on the Tort Jury Calendar with issues noticed for the February, 1953, term upon payment of the required fees and the order, as so modified, is affirmed. Settle order on notice. Concur — Breitel, J. P., Botein, Cox and Frank, JJ.

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Ordinarily, we would not interfere with the exercise of discretion of a judge presiding in the calendar part in denying an application for a two-year advance of a case on the Toft Calendar. However, special circumstances appear to be present in this case. The brain damage claimed here is epileptic in nature. There were no manifestations of the condition for some months after the Municipal Court action was commenced. It is evident that protracted medical examinations would be required before a determination could be made of causal relationship. In view of all of these special circumstances, the order of the court below is unanimously modified to grant the application to place the action on the Tort Jury Calendar with issues noticed for the February, 1953, term upon payment of the required fees and the order, as so modified, is affirmed. Settle order on notice. Concur — Breitel, J. P., Botein, Cox and Frank, JJ.

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Bluebook (online)

1 A.D.2d 822, 149 N.Y.S.2d 355, 1956 N.Y. App. Div. LEXIS 6242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzgerald-v-south-norwalk-trust-co-nyappdiv-1956.