Schapira v. Beth Israel Hospital

Appellate Division of the Supreme Court of New York

Schapira v. Beth Israel Hospital

24 A.D.2d 503, 261 N.Y.S.2d 558, 1965 N.Y. App. Div. LEXIS 3904

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

DecidedJune 21, 1965

StatusPublished

This text of 24 A.D.2d 503 (Schapira v. Beth Israel Hospital) 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

Schapira v. Beth Israel Hospital, 24 A.D.2d 503, 261 N.Y.S.2d 558, 1965 N.Y. App. Div. LEXIS 3904 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action to recover damages for wrongful death and personal injury, based on alleged medical malpractice, the individual defendants appeal from an order of the Supreme Court, Queens County, entered April 21,1965, which granted plaintiff’s motion for a special preference in trial (CPLR 3403). Order reversed, without costs, and motion denied, without prejudice to renewal on proper papers alleging facts showing that death is imminent or that plaintiff will not live until the time of trial or that plaintiff is otherwise entitled to a preference in trial pursuant to statute (CPLR 3403, subd. [a], par. 3). In our opinion, the present record fails to disclose factually that the plaintiff’s physical condition is such as to entitle her to a special preference in trial under tile rules governing such preference (Dodumoff v. Lyons, 4 A D 2d 626; Kusnetz v. Neuman, 3 A D 2d 743; cf. Weinstein v. Levy, 18 A D 2d 398; O’Callaghan v. Brawley, 276 App. Div. 908). Beldock, P. J., Ughetta, Hill, Rabin and Benjamin, JJ., concur.

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In an action to recover damages for wrongful death and personal injury, based on alleged medical malpractice, the individual defendants appeal from an order of the Supreme Court, Queens County, entered April 21,1965, which granted plaintiff’s motion for a special preference in trial (CPLR 3403). Order reversed, without costs, and motion denied, without prejudice to renewal on proper papers alleging facts showing that death is imminent or that plaintiff will not live until the time of trial or that plaintiff is otherwise entitled to a preference in trial pursuant to statute (CPLR 3403, subd. [a], par. 3). In our opinion, the present record fails to disclose factually that the plaintiff’s physical condition is such as to entitle her to a special preference in trial under tile rules governing such preference (Dodumoff v. Lyons, 4 A D 2d 626; Kusnetz v. Neuman, 3 A D 2d 743; cf. Weinstein v. Levy, 18 A D 2d 398; O’Callaghan v. Brawley, 276 App. Div. 908). Beldock, P. J., Ughetta, Hill, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

24 A.D.2d 503, 261 N.Y.S.2d 558, 1965 N.Y. App. Div. LEXIS 3904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schapira-v-beth-israel-hospital-nyappdiv-1965.