Kavanagh v. McNeill

Appellate Division of the Supreme Court of New York

Kavanagh v. McNeill

246 A.D. 847

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1936·Published

Opinion

Order granting a preference in a negligence action reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Nervous disorder of an injured person incident to the pendency of a negligence suit is common and ordinarily may not be the basis for a preference. Lazansky, P. J., Hagarty, Johnston and Adel, JJ., concur; Davis, J., dissents and votes to affirm on the ground that it was a matter of discretion with the justice at Special Term, who had knowledge of the calendar, to grant the motion.

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Order granting a preference in a negligence action reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Nervous disorder of an injured person incident to the pendency of a negligence suit is common and ordinarily may not be the basis for a preference. Lazansky, P. J., Hagarty, Johnston and Adel, JJ., concur; Davis, J., dissents and votes to affirm on the ground that it was a matter of discretion with the justice at Special Term, who had knowledge of the calendar, to grant the motion.

Kavanagh v. McNeill, 246 A.D. 847 (N.Y. Ct. App. 1936).

Pincite

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