Gelfer v. Board of Education

Appellate Division of the Supreme Court of New York

Gelfer v. Board of Education

77 A.D.2d 644, 430 N.Y.S.2d 139, 1980 N.Y. App. Div. LEXIS 12373

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

DecidedJuly 28, 1980

StatusPublished

This text of 77 A.D.2d 644 (Gelfer v. Board of Education) 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

Gelfer v. Board of Education, 77 A.D.2d 644, 430 N.Y.S.2d 139, 1980 N.Y. App. Div. LEXIS 12373 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County, dated September 19, 1979, as, upon reargument, adhered to its prior determination, which denied plaintiffs’ motion for a general preference. Order reversed insofar as appealed from, with one bill of $50 costs and disbursements payable jointly by defendants, order dated July 25, 1979 vacated and motion for a general preference granted. The infant plaintiff sustained a "fracture of the left lateral intercondylar eminence of the tibia, accompanied by suprapatellar effusion, as indicated by swelling of soft tissues in the suprapatellar region. Said fracture required closed reduction and the application of a cast.” A year and a half after the accident, the infant’s treating physician claimed that she continued to suffer the effects of her injuries and would continue to suffer mild symptoms from time to time through the indefinite future, with temporary partial disability as often as three or four times a year. This constitutes, if not permanent, at least protracted disability (see 22 NYCRR 674.1). Under the circumstances, a general preference should be granted. Lazer, J. P., Gibbons, Martuscello and O’Connor, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County, dated September 19, 1979, as, upon reargument, adhered to its prior determination, which denied plaintiffs’ motion for a general preference. Order reversed insofar as appealed from, with one bill of $50 costs and disbursements payable jointly by defendants, order dated July 25, 1979 vacated and motion for a general preference granted. The infant plaintiff sustained a "fracture of the left lateral intercondylar eminence of the tibia, accompanied by suprapatellar effusion, as indicated by swelling of soft tissues in the suprapatellar region. Said fracture required closed reduction and the application of a cast.” A year and a half after the accident, the infant’s treating physician claimed that she continued to suffer the effects of her injuries and would continue to suffer mild symptoms from time to time through the indefinite future, with temporary partial disability as often as three or four times a year. This constitutes, if not permanent, at least protracted disability (see 22 NYCRR 674.1). Under the circumstances, a general preference should be granted. Lazer, J. P., Gibbons, Martuscello and O’Connor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

77 A.D.2d 644, 430 N.Y.S.2d 139, 1980 N.Y. App. Div. LEXIS 12373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelfer-v-board-of-education-nyappdiv-1980.