Rogers v. Derris

Appellate Division of the Supreme Court of New York

Rogers v. Derris

281 A.D. 697, 117 N.Y.S.2d 594, 1952 N.Y. App. Div. LEXIS 3284

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1952·Published

Opinion

In an action to recover damages for personal injuries resulting from an automobile collision, plaintiff appeals from an order denying her motion for a preference in the trial of the action. Her moving papers establish that she is on the relief rolls of the City of New York, which fact is not controverted by respondents. Order reversed on the facts, with $10 costs and disbursements, and motion granted, without costs. In our opinion the denial of the motion was an improvident exercise of discretion. (Stevens v. Bridge Auto Renting Corp., 262 App. Div. 872; Auchello v. Brooklyn Bus Corp., 257 App. Div. 857.) Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.

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In an action to recover damages for personal injuries resulting from an automobile collision, plaintiff appeals from an order denying her motion for a preference in the trial of the action. Her moving papers establish that she is on the relief rolls of the City of New York, which fact is not controverted by respondents. Order reversed on the facts, with $10 costs and disbursements, and motion granted, without costs. In our opinion the denial of the motion was an improvident exercise of discretion. (Stevens v. Bridge Auto Renting Corp., 262 App. Div. 872; Auchello v. Brooklyn Bus Corp., 257 App. Div. 857.) Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.

Rogers v. Derris, 281 A.D. 697, 117 N.Y.S.2d 594, 1952 N.Y. App. Div. LEXIS 3284 (N.Y. Ct. App. 1952).

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Opinion

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