In re the Claim of Gilbert

Appellate Division of the Supreme Court of New York

In re the Claim of Gilbert

254 A.D. 814, 4 N.Y.S.2d 753, 1938 N.Y. App. Div. LEXIS 7729

Appellate Division of the Supreme Court of the State of New York·Decided May 11, 1938·Published

Opinion

Order of February 10, 1938, reversed on the facts, as matter of discretion, with ten dollars costs and disbursements, and motion granted, as matter of discretion, without costs. Appeal from judgment dismissed as academic in view of our decision upon the motion. All concur. (The judgment awards claimant damages for injuries sustained while performing duties as a volunteer fireman. The order denies a motion by the town of Amherst to vacate the judgment and for a new trial and for a further physical examination.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Order of February 10, 1938, reversed on the facts, as matter of discretion, with ten dollars costs and disbursements, and motion granted, as matter of discretion, without costs. Appeal from judgment dismissed as academic in view of our decision upon the motion. All concur. (The judgment awards claimant damages for injuries sustained while performing duties as a volunteer fireman. The order denies a motion by the town of Amherst to vacate the judgment and for a new trial and for a further physical examination.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

In re the Claim of Gilbert, 254 A.D. 814, 4 N.Y.S.2d 753, 1938 N.Y. App. Div. LEXIS 7729 (N.Y. Ct. App. 1938).

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