Johnson v. M & A Trucking Co.

Appellate Division of the Supreme Court of New York

Johnson v. M & A Trucking Co.

33 A.D.2d 703, 306 N.Y.S.2d 654, 1969 N.Y. App. Div. LEXIS 2812

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

DecidedNovember 24, 1969

StatusPublished

This text of 33 A.D.2d 703 (Johnson v. M & A Trucking Co.) 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

Johnson v. M & A Trucking Co., 33 A.D.2d 703, 306 N.Y.S.2d 654, 1969 N.Y. App. Div. LEXIS 2812 (N.Y. Ct. App. 1969).

Pincite

Opinion

— In a negligence action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Nassau County, entered January 7, 1969, which granted plaintiff’s motion to remove the action from the District Court of Nassau County to the Supreme Court, Nassau County, and for other related relief. Order modified, on the law and the facts, by adding thereto a decretal provision that the granting of the motion is conditioned on plaintiff’s submitting to a new physical examination if demanded by defendants upon 20 days’ written notice. As so modified, order affirmed, with $10 costs and disbursements to respondent. In our opinion, under the facts disclosed, the Special Term properly exercised its discretion in permitting the removal of the action to the Supreme Court and in granting the other related relief. We feel, however, that the order should have been conditioned upon plaintiff’s submitting to a new physical examination. Brennan, Acting P. J., Rabin, Hopkins, Martuscello and Kleinfeld, JJ., concur.

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— In a negligence action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Nassau County, entered January 7, 1969, which granted plaintiff’s motion to remove the action from the District Court of Nassau County to the Supreme Court, Nassau County, and for other related relief. Order modified, on the law and the facts, by adding thereto a decretal provision that the granting of the motion is conditioned on plaintiff’s submitting to a new physical examination if demanded by defendants upon 20 days’ written notice. As so modified, order affirmed, with $10 costs and disbursements to respondent. In our opinion, under the facts disclosed, the Special Term properly exercised its discretion in permitting the removal of the action to the Supreme Court and in granting the other related relief. We feel, however, that the order should have been conditioned upon plaintiff’s submitting to a new physical examination. Brennan, Acting P. J., Rabin, Hopkins, Martuscello and Kleinfeld, JJ., concur.

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Bluebook (online)

33 A.D.2d 703, 306 N.Y.S.2d 654, 1969 N.Y. App. Div. LEXIS 2812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-m-a-trucking-co-nyappdiv-1969.