Newbald v. Pratt

Appellate Division of the Supreme Court of New York

Newbald v. Pratt

38 A.D.2d 562, 328 N.Y.S.2d 380, 1971 N.Y. App. Div. LEXIS 2815

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

DecidedDecember 6, 1971

StatusPublished

This text of 38 A.D.2d 562 (Newbald v. Pratt) 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

Newbald v. Pratt, 38 A.D.2d 562, 328 N.Y.S.2d 380, 1971 N.Y. App. Div. LEXIS 2815 (N.Y. Ct. App. 1971).

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Opinion

In consolidated negligence actions to recover damages for personal injuries, defendant Pratt appeals from an order of the Supreme [563]*563Court, Kings County, dated March. 2, 1971, which (1) denied his motion to strike the case from the Trial Calendar as a preferred cause and (2) restored the case to the Ready Day Calendar for a day certain. Order reversed, with $10 costs and disbursements against respondent, William Newbald, and motion granted. In our opinion, this case was improperly on the Day Calendar for pretrial conference on March 6, 1970, by reason of the two prior denials of applications by respondent for a general preference. Accordingly, there was no basis for granting such preference to respondent on the date above mentioned, and appellant’s motion to strike the case from the Trial Calendar as a preferred cause should have been granted. Rabin, P. J., Munder, Martuscello, Gulotta and Benjamin, JJ., concur.

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In consolidated negligence actions to recover damages for personal injuries, defendant Pratt appeals from an order of the Supreme [563]*563Court, Kings County, dated March. 2, 1971, which (1) denied his motion to strike the case from the Trial Calendar as a preferred cause and (2) restored the case to the Ready Day Calendar for a day certain. Order reversed, with $10 costs and disbursements against respondent, William Newbald, and motion granted. In our opinion, this case was improperly on the Day Calendar for pretrial conference on March 6, 1970, by reason of the two prior denials of applications by respondent for a general preference. Accordingly, there was no basis for granting such preference to respondent on the date above mentioned, and appellant’s motion to strike the case from the Trial Calendar as a preferred cause should have been granted. Rabin, P. J., Munder, Martuscello, Gulotta and Benjamin, JJ., concur.

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Bluebook (online)

38 A.D.2d 562, 328 N.Y.S.2d 380, 1971 N.Y. App. Div. LEXIS 2815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newbald-v-pratt-nyappdiv-1971.