Gray v. Goodin

Appellate Division of the Supreme Court of New York

Gray v. Goodin

45 A.D.2d 757, 357 N.Y.S.2d 125, 1974 N.Y. App. Div. LEXIS 4645

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

DecidedJune 24, 1974

StatusPublished

Cited by1 cases

This text of 45 A.D.2d 757 (Gray v. Goodin) 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

Gray v. Goodin, 45 A.D.2d 757, 357 N.Y.S.2d 125, 1974 N.Y. App. Div. LEXIS 4645 (N.Y. Ct. App. 1974).

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Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Cour-t, Kings County, dated June 14, 1973, as, upon reconsideration, adhered to the original decision denying her application for a general preference. Order reversed insofar as appealed from, with $20 costs and disbursements, and application for a general preference granted. Plaintiff .sustained injuries to, inter alia, her cervical spine with respect to which uncontroverted medical data indicate a permanent 25% loss of use; in addition, a loss of earnings of $2,958 is claimed. In our opinion, the fiscal loss and the nature and extent of the disability and functional loss claimed could reasonably warrant an evaluation in excess of the monetary jurisdiction of the Civil Court of the City of New York (Phillips v. Beechcraft Apts., Section No. 1 Corp., 36 A D 2d 729). Accordingly, a general preference should have been granted. Gulotta, P. J., Martuscello, Shapiro, Christ and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Cour-t, Kings County, dated June 14, 1973, as, upon reconsideration, adhered to the original decision denying her application for a general preference. Order reversed insofar as appealed from, with $20 costs and disbursements, and application for a general preference granted. Plaintiff .sustained injuries to, inter alia, her cervical spine with respect to which uncontroverted medical data indicate a permanent 25% loss of use; in addition, a loss of earnings of $2,958 is claimed. In our opinion, the fiscal loss and the nature and extent of the disability and functional loss claimed could reasonably warrant an evaluation in excess of the monetary jurisdiction of the Civil Court of the City of New York (Phillips v. Beechcraft Apts., Section No. 1 Corp., 36 A D 2d 729). Accordingly, a general preference should have been granted. Gulotta, P. J., Martuscello, Shapiro, Christ and Benjamin, JJ., concur.

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Bluebook (online)

45 A.D.2d 757, 357 N.Y.S.2d 125, 1974 N.Y. App. Div. LEXIS 4645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-goodin-nyappdiv-1974.

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