Mahoney v. City Plumbers Supply, Inc.

Appellate Division of the Supreme Court of New York

Mahoney v. City Plumbers Supply, Inc.

25 A.D.2d 565, 267 N.Y.S.2d 1019, 1966 N.Y. App. Div. LEXIS 4843

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

DecidedFebruary 28, 1966

StatusPublished

This text of 25 A.D.2d 565 (Mahoney v. City Plumbers Supply, 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

Mahoney v. City Plumbers Supply, Inc., 25 A.D.2d 565, 267 N.Y.S.2d 1019, 1966 N.Y. App. Div. LEXIS 4843 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, loss of services and medical expenses, plaintiffs appeal from an order of the Supreme Court, Suffolk County, entered January 27, 1964, which denied their application for a general preference in trial. Order reversed, with $10 costs and disbursements, and application granted. In our opinion, the uncontradieted facts are sufficient to warrant a verdict in excess of $10,000. We are also of the opinion that, since defendants had the opportunity to oppose the application within eight days after the service of the notice claiming a preference, as provided in rule II of part six of the rules of this court regulating preferences, plaintiffs’ application was not ex parte and, therefore, the order entered thereon is appealable without the necessity, as defendants contend, of a motion for reconsideration.

Beldock, P. J., Christ, Rabin and Benjamin, JJ., concur; Hill, J., dissents and votes to affirm the order.

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In a negligence action to recover damages for personal injuries, loss of services and medical expenses, plaintiffs appeal from an order of the Supreme Court, Suffolk County, entered January 27, 1964, which denied their application for a general preference in trial. Order reversed, with $10 costs and disbursements, and application granted. In our opinion, the uncontradieted facts are sufficient to warrant a verdict in excess of $10,000. We are also of the opinion that, since defendants had the opportunity to oppose the application within eight days after the service of the notice claiming a preference, as provided in rule II of part six of the rules of this court regulating preferences, plaintiffs’ application was not ex parte and, therefore, the order entered thereon is appealable without the necessity, as defendants contend, of a motion for reconsideration.

Beldock, P. J., Christ, Rabin and Benjamin, JJ., concur; Hill, J., dissents and votes to affirm the order.

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Bluebook (online)

25 A.D.2d 565, 267 N.Y.S.2d 1019, 1966 N.Y. App. Div. LEXIS 4843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mahoney-v-city-plumbers-supply-inc-nyappdiv-1966.