McGuire v. Rabbit Corp. of America

Appellate Division of the Supreme Court of New York

McGuire v. Rabbit Corp. of America

5 A.D.2d 813, 170 N.Y.S.2d 981, 1958 N.Y. App. Div. LEXIS 7045

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

DecidedFebruary 4, 1958

StatusPublished

This text of 5 A.D.2d 813 (McGuire v. Rabbit Corp. of America) 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

McGuire v. Rabbit Corp. of America, 5 A.D.2d 813, 170 N.Y.S.2d 981, 1958 N.Y. App. Div. LEXIS 7045 (N.Y. Ct. App. 1958).

Pincite

Opinion

This appeal from an order denying a preference is predicated upon the plaintiff’s claim that the recurrence of a prior mental ailment resulted from the injuries received in the accident for whieh this action was initiated. Her claim is supported by affidavits of medical experts. In opposition, the defendants submitted the report of the court-designated specialists, who expressed the opinion that there was no causal relationship between the accident and the condition claimed to result therefrom. The disputed question cannot be determined in advance of the trial. The plaintiff is, therefore, entitled to a rule V preference. (New York County Supreme Court Trial Term Rules.) The order is unanimously reversed on the law and in the exercise of discretion, with $20 costs and disbursements to the appellants and the motion granted, with $10 costs.

Concur — Breitel, J. P., Rabin, Frank, McNally and Stevens, JJ.

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This appeal from an order denying a preference is predicated upon the plaintiff’s claim that the recurrence of a prior mental ailment resulted from the injuries received in the accident for whieh this action was initiated. Her claim is supported by affidavits of medical experts. In opposition, the defendants submitted the report of the court-designated specialists, who expressed the opinion that there was no causal relationship between the accident and the condition claimed to result therefrom. The disputed question cannot be determined in advance of the trial. The plaintiff is, therefore, entitled to a rule V preference. (New York County Supreme Court Trial Term Rules.) The order is unanimously reversed on the law and in the exercise of discretion, with $20 costs and disbursements to the appellants and the motion granted, with $10 costs.

Concur — Breitel, J. P., Rabin, Frank, McNally and Stevens, JJ.

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Bluebook (online)

5 A.D.2d 813, 170 N.Y.S.2d 981, 1958 N.Y. App. Div. LEXIS 7045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcguire-v-rabbit-corp-of-america-nyappdiv-1958.