Roberts v. Ellis

Appellate Division of the Supreme Court of New York

Roberts v. Ellis

279 A.D. 597, 107 N.Y.S.2d 272, 1951 N.Y. App. Div. LEXIS 3139

Appellate Division of the Supreme Court of the State of New York·Decided October 8, 1951·Published·Cited by 1 cases

Opinion

In our opinion the papers submitted on the motion do not establish plaintiff’s indigence. The facts alleged in the moving papers are not sufficient to justify preference in the trial of this cause over those of other litigants awaiting trial, and, hence, the granting of the motion was an improvident exercise of discretion. (O’Callaghan v. Brawley, 276 App. Div. 908; Thomas v. Green Bus Lines, 276 App. Div. 922; Keeler v. Greene, 273 App. Div. 976; Lavicka v. National Transp. Co., 264 App. Div. 785; Braver v. Davis, 277 App. Div. 879.) Carswell, Acting P. J., Adel, Sneed, Wenzel and MaeCrate, JJ., concur.

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In our opinion the papers submitted on the motion do not establish plaintiff’s indigence. The facts alleged in the moving papers are not sufficient to justify preference in the trial of this cause over those of other litigants awaiting trial, and, hence, the granting of the motion was an improvident exercise of discretion. (O’Callaghan v. Brawley, 276 App. Div. 908; Thomas v. Green Bus Lines, 276 App. Div. 922; Keeler v. Greene, 273 App. Div. 976; Lavicka v. National Transp. Co., 264 App. Div. 785; Braver v. Davis, 277 App. Div. 879.) Carswell, Acting P. J., Adel, Sneed, Wenzel and MaeCrate, JJ., concur.

Roberts v. Ellis, 279 A.D. 597, 107 N.Y.S.2d 272, 1951 N.Y. App. Div. LEXIS 3139 (N.Y. Ct. App. 1951).

Pincite

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Opinion

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