Lavicka v. National Transportation Co.

Appellate Division of the Supreme Court of New York

Lavicka v. National Transportation Co.

264 A.D. 785, 34 N.Y.S.2d 892, 1942 N.Y. App. Div. LEXIS 4727

Appellate Division of the Supreme Court of the State of New York·Decided May 18, 1942·Published·Cited by 2 cases

Opinion

Action to recover damages for personal injuries sustained by an infant through the alleged negligent operation of an automobile by defendant’s servant, and by the father of the infant to recover damages for loss of services and for medical expenses. Order granting plaintiffs’ motion for a preference and awarding other relief, reversed on the law and the facts, without costs, and the motion denied, without costs. In our opinion the discretion vested in the learned court was exercised improvidently. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., coneur.

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Action to recover damages for personal injuries sustained by an infant through the alleged negligent operation of an automobile by defendant’s servant, and by the father of the infant to recover damages for loss of services and for medical expenses. Order granting plaintiffs’ motion for a preference and awarding other relief, reversed on the law and the facts, without costs, and the motion denied, without costs. In our opinion the discretion vested in the learned court was exercised improvidently. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., coneur.

Lavicka v. National Transportation Co., 264 A.D. 785, 34 N.Y.S.2d 892, 1942 N.Y. App. Div. LEXIS 4727 (N.Y. Ct. App. 1942).

Pincite

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Opinion

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