Kuznetz v. Neuman

Appellate Division of the Supreme Court of New York

Kuznetz v. Neuman

3 A.D.2d 743, 160 N.Y.S.2d 800, 1957 N.Y. App. Div. LEXIS 6031

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

DecidedMarch 26, 1957

StatusPublished

This text of 3 A.D.2d 743 (Kuznetz v. Neuman) 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

Kuznetz v. Neuman, 3 A.D.2d 743, 160 N.Y.S.2d 800, 1957 N.Y. App. Div. LEXIS 6031 (N.Y. Ct. App. 1957).

Pincite

Opinion

Plaintiff, 83 years of age, has made a strong showing, supported by an unreserved and unequivocal affidavit by a physician, that because of the serious injuries received in the accident he will not survive for the length of time it will take for his case to come to trial. His motion for a trial preference under rule 151 of the Rules of Civil Practice should have been granted in the interests of justice (cf. Gray v. F. é B. Trucking Go., 3 A D 2d 735, in which the medical showing was not adequate). Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. Concur — Breitel, J. P., Botein, Rabin, Valente and McNally, JJ.

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Plaintiff, 83 years of age, has made a strong showing, supported by an unreserved and unequivocal affidavit by a physician, that because of the serious injuries received in the accident he will not survive for the length of time it will take for his case to come to trial. His motion for a trial preference under rule 151 of the Rules of Civil Practice should have been granted in the interests of justice (cf. Gray v. F. é B. Trucking Go., 3 A D 2d 735, in which the medical showing was not adequate). Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. Concur — Breitel, J. P., Botein, Rabin, Valente and McNally, JJ.

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Bluebook (online)

3 A.D.2d 743, 160 N.Y.S.2d 800, 1957 N.Y. App. Div. LEXIS 6031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuznetz-v-neuman-nyappdiv-1957.