Kavanagh v. McNeill

Appellate Division of the Supreme Court of New York

Kavanagh v. McNeill

246 A.D. 847

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

DecidedJanuary 15, 1936

StatusPublished

This text of 246 A.D. 847 (Kavanagh v. McNeill) 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

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

Pincite

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.

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Bluebook (online)

246 A.D. 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kavanagh-v-mcneill-nyappdiv-1936.