Friedman v. City of New York

Appellate Division of the Supreme Court of New York

Friedman v. City of New York

23 A.D.2d 795, 259 N.Y.S.2d 806, 1965 N.Y. App. Div. LEXIS 4371

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

DecidedApril 26, 1965

StatusPublished

This text of 23 A.D.2d 795 (Friedman 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

Friedman v. City of New York, 23 A.D.2d 795, 259 N.Y.S.2d 806, 1965 N.Y. App. Div. LEXIS 4371 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action by a wife to recover damages for personal injury sustained by reason of a fall upon a defective public sidewalk, and by her husband for loss of services, the plaintiffs appeal from an order of the Supreme Court, Queens County, entered January 19, 1965 upon reconsideration, which adhered to the court’s original decision and denied their application for a general preference in trial. Order reversed, without costs; plaintiffs’ application for a preference in trial granted; and action remitted to the court below for the purpose of placing it in the appropriate position on the trial calendar. In our opinion, under the circumstances disclosed by this record, it was an improvident exercise of discretion to deny the preference. Beldock, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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In an action by a wife to recover damages for personal injury sustained by reason of a fall upon a defective public sidewalk, and by her husband for loss of services, the plaintiffs appeal from an order of the Supreme Court, Queens County, entered January 19, 1965 upon reconsideration, which adhered to the court’s original decision and denied their application for a general preference in trial. Order reversed, without costs; plaintiffs’ application for a preference in trial granted; and action remitted to the court below for the purpose of placing it in the appropriate position on the trial calendar. In our opinion, under the circumstances disclosed by this record, it was an improvident exercise of discretion to deny the preference. Beldock, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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Bluebook (online)

23 A.D.2d 795, 259 N.Y.S.2d 806, 1965 N.Y. App. Div. LEXIS 4371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friedman-v-city-of-new-york-nyappdiv-1965.