Montelione v. Econ-O-Wash of New Jersey, Inc.

Appellate Division of the Supreme Court of New York

Montelione v. Econ-O-Wash of New Jersey, Inc.

19 A.D.2d 545, 240 N.Y.S.2d 841, 1963 N.Y. App. Div. LEXIS 3740

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

DecidedMay 20, 1963

StatusPublished

This text of 19 A.D.2d 545 (Montelione v. Econ-O-Wash of New Jersey, 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

Montelione v. Econ-O-Wash of New Jersey, Inc., 19 A.D.2d 545, 240 N.Y.S.2d 841, 1963 N.Y. App. Div. LEXIS 3740 (N.Y. Ct. App. 1963).

Pincite

Opinion

In an action to recover damages for personal injury, defendant Econ-O-Wash of New Jersey, Inc., appeals from an order of the Supreme Court, Kings County, dated January 2, 1963, which after a pretrial hearing granted plaintiffs a preference in trial and directed that the action be placed on the Ready Day Calendar for a date certain. Order reversed, without costs, and preference vacated, without prejudice to a future application for a preference, if plaintiffs be so advised. In addition to the usual grounds for the granting of a preference, namely, indigence or likelihood of death, a preference pursuant to rule 151 of the Rules of Civil Practice and rule 8 of the Rules of the Supreme Court, Kings County, may also be granted in the interests of justice upon a finding that at a pretrial hearing the defendant acted arbitrarily and not in good faith. However, a stenographic transcript of the minutes of the hearing or other appropriate evidence showing the facts upon which the court based such finding must be contained in the record in order to justify the grant of a preference (Abramson v. Kenwood Labs., 17 A D 2d 626). The instant record is devoid of such evidence; hence, the preference must be vacated without prejudice. Beldock, P. J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.

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In an action to recover damages for personal injury, defendant Econ-O-Wash of New Jersey, Inc., appeals from an order of the Supreme Court, Kings County, dated January 2, 1963, which after a pretrial hearing granted plaintiffs a preference in trial and directed that the action be placed on the Ready Day Calendar for a date certain. Order reversed, without costs, and preference vacated, without prejudice to a future application for a preference, if plaintiffs be so advised. In addition to the usual grounds for the granting of a preference, namely, indigence or likelihood of death, a preference pursuant to rule 151 of the Rules of Civil Practice and rule 8 of the Rules of the Supreme Court, Kings County, may also be granted in the interests of justice upon a finding that at a pretrial hearing the defendant acted arbitrarily and not in good faith. However, a stenographic transcript of the minutes of the hearing or other appropriate evidence showing the facts upon which the court based such finding must be contained in the record in order to justify the grant of a preference (Abramson v. Kenwood Labs., 17 A D 2d 626). The instant record is devoid of such evidence; hence, the preference must be vacated without prejudice. Beldock, P. J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

19 A.D.2d 545, 240 N.Y.S.2d 841, 1963 N.Y. App. Div. LEXIS 3740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montelione-v-econ-o-wash-of-new-jersey-inc-nyappdiv-1963.