Goyco v. Bencivengo

New York Supreme Court

Goyco v. Bencivengo

14 Misc. 2d 72, 178 N.Y.S.2d 53, 1958 N.Y. Misc. LEXIS 2673

CourtNew York Supreme Court

DecidedSeptember 18, 1958

StatusPublished

Cited by1 cases

This text of 14 Misc. 2d 72 (Goyco v. Bencivengo) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goyco v. Bencivengo, 14 Misc. 2d 72, 178 N.Y.S.2d 53, 1958 N.Y. Misc. LEXIS 2673 (N.Y. Super. Ct. 1958).

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Opinion

Benjamin Brenner, J.

Motion for preference pursuant to rule 151 of the Buies of Civil Practice is denied since there is no showing of indigence or imminence of death of the injured plaintiffs. The several grounds for the preference set forth by the plaintiffs, namely, noninsurance, disclaimer of liability and possible dissipation of assets, charged against the various defendants, are both unsubstantiated and insufficient. There is no factual evidence of the dissipation of assets and the allega[73]*73tions concerning same seem to be merely conchisory. In any case, the remedy against wrongful dissipation of funds by a defendant is not a motion for preference of trial pursuant to rule 151 of the Rules of Civil Practice. The absence or disclaimer of liability insurance is also no basis for a preference under the rule.

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Benjamin Brenner, J.

Motion for preference pursuant to rule 151 of the Buies of Civil Practice is denied since there is no showing of indigence or imminence of death of the injured plaintiffs. The several grounds for the preference set forth by the plaintiffs, namely, noninsurance, disclaimer of liability and possible dissipation of assets, charged against the various defendants, are both unsubstantiated and insufficient. There is no factual evidence of the dissipation of assets and the allega[73]*73tions concerning same seem to be merely conchisory. In any case, the remedy against wrongful dissipation of funds by a defendant is not a motion for preference of trial pursuant to rule 151 of the Rules of Civil Practice. The absence or disclaimer of liability insurance is also no basis for a preference under the rule.

Submit order.

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Bluebook (online)

14 Misc. 2d 72, 178 N.Y.S.2d 53, 1958 N.Y. Misc. LEXIS 2673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goyco-v-bencivengo-nysupct-1958.

Opinion

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