Marcus v. Schwartz

Appellate Division of the Supreme Court of New York

Marcus v. Schwartz

26 A.D.2d 943, 274 N.Y.S.2d 669, 1966 N.Y. App. Div. LEXIS 3107

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

DecidedNovember 14, 1966

StatusPublished

This text of 26 A.D.2d 943 (Marcus v. Schwartz) 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

Marcus v. Schwartz, 26 A.D.2d 943, 274 N.Y.S.2d 669, 1966 N.Y. App. Div. LEXIS 3107 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a negligence action to recover damages for personal and property injuries, defendants Himmelstein and Levitz appeal from an order of the Supreme Court, Kings County, entered June 20, 1966, which, after a pretrial hearing, accorded the action a trial preference pursuant to rule 8 of the Rules of the Supreme Court, Kings County. Order reversed, without costs, and without prejudice to any future application by plaintiff for a preference. Absent a factual showing as a predicate for the finding of bad faith in negotiating a settlement, it was an improvident exercise of discretion to direct the preference (cf. Abramson v. Kenwood Labs., 17 A D 2d 626; Jones v. Otis Elevator Co., 24 A D 2d 451). Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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In a negligence action to recover damages for personal and property injuries, defendants Himmelstein and Levitz appeal from an order of the Supreme Court, Kings County, entered June 20, 1966, which, after a pretrial hearing, accorded the action a trial preference pursuant to rule 8 of the Rules of the Supreme Court, Kings County. Order reversed, without costs, and without prejudice to any future application by plaintiff for a preference. Absent a factual showing as a predicate for the finding of bad faith in negotiating a settlement, it was an improvident exercise of discretion to direct the preference (cf. Abramson v. Kenwood Labs., 17 A D 2d 626; Jones v. Otis Elevator Co., 24 A D 2d 451). Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

26 A.D.2d 943, 274 N.Y.S.2d 669, 1966 N.Y. App. Div. LEXIS 3107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marcus-v-schwartz-nyappdiv-1966.