Santopatre v. Lieberman

Appellate Division of the Supreme Court of New York

Santopatre v. Lieberman

18 A.D.2d 1021, 238 N.Y.S.2d 996, 1963 N.Y. App. Div. LEXIS 4148

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

DecidedMarch 18, 1963

StatusPublished

This text of 18 A.D.2d 1021 (Santopatre v. Lieberman) 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

Santopatre v. Lieberman, 18 A.D.2d 1021, 238 N.Y.S.2d 996, 1963 N.Y. App. Div. LEXIS 4148 (N.Y. Ct. App. 1963).

Pincite

Opinion

In an action to recover damages for personal injury, allegedly sustained when plaintiff was struck on the head by a falling ladder, plaintiff appeals (1) from an order of the Supreme Court, Nassau County, dated September 8, 1961, which denied his application for a preference in trial pursuant to rule 4-A of the Nassau County Supreme Court Rules; and (2) from so much of an order of said court, dated January 29, 1962, made on re argument, as adhered to the original decision denying the preference. Order of January 29, 1962, insofar as appealed from, affirmed, without costs. In our opinion, on the basis of the medical proof submitted, the Trial Term properly exercised its discretion in denying the preference (cf. Peisachov v. La Barbera, 18 A D 2d 681). Appeal from order of September 8,1961 dismissed; it was superseded by the later order granting reargument. Kleinfeld, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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In an action to recover damages for personal injury, allegedly sustained when plaintiff was struck on the head by a falling ladder, plaintiff appeals (1) from an order of the Supreme Court, Nassau County, dated September 8, 1961, which denied his application for a preference in trial pursuant to rule 4-A of the Nassau County Supreme Court Rules; and (2) from so much of an order of said court, dated January 29, 1962, made on re argument, as adhered to the original decision denying the preference. Order of January 29, 1962, insofar as appealed from, affirmed, without costs. In our opinion, on the basis of the medical proof submitted, the Trial Term properly exercised its discretion in denying the preference (cf. Peisachov v. La Barbera, 18 A D 2d 681). Appeal from order of September 8,1961 dismissed; it was superseded by the later order granting reargument. Kleinfeld, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 1021, 238 N.Y.S.2d 996, 1963 N.Y. App. Div. LEXIS 4148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santopatre-v-lieberman-nyappdiv-1963.