Jones v. Wendy Realty, Inc.

Appellate Division of the Supreme Court of New York

Jones v. Wendy Realty, Inc.

4 A.D.2d 854, 167 N.Y.S.2d 424, 1957 N.Y. App. Div. LEXIS 4433

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

DecidedOctober 1, 1957

StatusPublished

This text of 4 A.D.2d 854 (Jones v. Wendy Realty, Inc.) 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

Jones v. Wendy Realty, Inc., 4 A.D.2d 854, 167 N.Y.S.2d 424, 1957 N.Y. App. Div. LEXIS 4433 (N.Y. Ct. App. 1957).

Pincite

Opinion

The order denying this case a preference under rule V of the New York County Supreme Court Trial Term Rules should be affirmed. The only claimed injury which would warrant a preference is an alleged herniated intervertebral disc. If. there were merely a difference of opinion between the doctors as to the existence of such an injury we would be inclined to grant the preference. But here the affidavit of plaintiff’s own doctor does not state that she has a herniated disc with that degree of certainty which would be required to present such an issue to the jury. In the circumstances we are left entirely to speculation as to her claim. Order affirmed, with $20 costs and disbursements. The appeal from the order of the Supreme Court, New York County, entered on the 10th day of April, 1956 is dismissed. Concur — Peck, P. J., Rabin, Frank, Valente and McNally, JJ. [See post, p. 861.]

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The order denying this case a preference under rule V of the New York County Supreme Court Trial Term Rules should be affirmed. The only claimed injury which would warrant a preference is an alleged herniated intervertebral disc. If. there were merely a difference of opinion between the doctors as to the existence of such an injury we would be inclined to grant the preference. But here the affidavit of plaintiff’s own doctor does not state that she has a herniated disc with that degree of certainty which would be required to present such an issue to the jury. In the circumstances we are left entirely to speculation as to her claim. Order affirmed, with $20 costs and disbursements. The appeal from the order of the Supreme Court, New York County, entered on the 10th day of April, 1956 is dismissed. Concur — Peck, P. J., Rabin, Frank, Valente and McNally, JJ. [See post, p. 861.]

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Bluebook (online)

4 A.D.2d 854, 167 N.Y.S.2d 424, 1957 N.Y. App. Div. LEXIS 4433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-wendy-realty-inc-nyappdiv-1957.