Scimeca v. Polection

Appellate Division of the Supreme Court of New York

Scimeca v. Polection

75 A.D.2d 597, 426 N.Y.S.2d 791, 1980 N.Y. App. Div. LEXIS 11034

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

DecidedApril 14, 1980

StatusPublished

This text of 75 A.D.2d 597 (Scimeca v. Polection) 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

Scimeca v. Polection, 75 A.D.2d 597, 426 N.Y.S.2d 791, 1980 N.Y. App. Div. LEXIS 11034 (N.Y. Ct. App. 1980).

Pincite

Opinion

In consolidated negligence actions to recover damages for personal injuries, defendant Realmuto appeals from an order of the Supreme Court, Kings County, dated August 8, 1979, which granted a special preference for the trial of the actions. Order reversed, without costs or disbursements, and preference vacated. On this record, the court improvidently exercised its discretion in granting a special preference. "A court cannot make a finding of bad faith under CPLR 3403 simply because it disagrees with the amount which the defendant has offered for settlement” (Turturro v Stevens, 58 AD2d 601). Hopkins, J. P., Lazer, Gibbons and Gulotta, JJ., concur.

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In consolidated negligence actions to recover damages for personal injuries, defendant Realmuto appeals from an order of the Supreme Court, Kings County, dated August 8, 1979, which granted a special preference for the trial of the actions. Order reversed, without costs or disbursements, and preference vacated. On this record, the court improvidently exercised its discretion in granting a special preference. "A court cannot make a finding of bad faith under CPLR 3403 simply because it disagrees with the amount which the defendant has offered for settlement” (Turturro v Stevens, 58 AD2d 601). Hopkins, J. P., Lazer, Gibbons and Gulotta, JJ., concur.

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Bluebook (online)

75 A.D.2d 597, 426 N.Y.S.2d 791, 1980 N.Y. App. Div. LEXIS 11034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scimeca-v-polection-nyappdiv-1980.

Opinion

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