Hesselbarth v. Frankel

Appellate Division of the Supreme Court of New York

Hesselbarth v. Frankel

23 A.D.2d 645, 257 N.Y.S.2d 905, 1965 N.Y. App. Div. LEXIS 4651

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

DecidedMarch 16, 1965

StatusPublished

This text of 23 A.D.2d 645 (Hesselbarth v. Frankel) 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

Hesselbarth v. Frankel, 23 A.D.2d 645, 257 N.Y.S.2d 905, 1965 N.Y. App. Div. LEXIS 4651 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order, entered on October 21, 1964, denying plaintiff’s application pursuant to CPLR 325 (subd. [b]) to remove the case from the Civil Court, Bronx County, to the Supreme Court, unanimously reversed on the law and on the facts, without costs or disbursements; and the application granted. The proposed amended complaint shall be served within 10 days after the entry of the order hereon. In our opinion, the affidavits in support of the application, which include affidavits of two physicians expressing opinions that subsequent surgery was causally connected with the original injuries, warranted a transfer of this action so that if successful in the suit plaintiff may recover adequate compensation for the injuries. Settle order on notice. Concur — Breitel, J. P., Yalente, McNally, Stevens and Eager, JJ,

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Order, entered on October 21, 1964, denying plaintiff’s application pursuant to CPLR 325 (subd. [b]) to remove the case from the Civil Court, Bronx County, to the Supreme Court, unanimously reversed on the law and on the facts, without costs or disbursements; and the application granted. The proposed amended complaint shall be served within 10 days after the entry of the order hereon. In our opinion, the affidavits in support of the application, which include affidavits of two physicians expressing opinions that subsequent surgery was causally connected with the original injuries, warranted a transfer of this action so that if successful in the suit plaintiff may recover adequate compensation for the injuries. Settle order on notice. Concur — Breitel, J. P., Yalente, McNally, Stevens and Eager, JJ,

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Bluebook (online)

23 A.D.2d 645, 257 N.Y.S.2d 905, 1965 N.Y. App. Div. LEXIS 4651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hesselbarth-v-frankel-nyappdiv-1965.