Singleton v. Schultz

Appellate Division of the Supreme Court of New York

Singleton v. Schultz

20 A.D.2d 517, 244 N.Y.S.2d 504, 1963 N.Y. App. Div. LEXIS 2801

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

DecidedDecember 3, 1963

StatusPublished

This text of 20 A.D.2d 517 (Singleton v. Schultz) 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

Singleton v. Schultz, 20 A.D.2d 517, 244 N.Y.S.2d 504, 1963 N.Y. App. Div. LEXIS 2801 (N.Y. Ct. App. 1963).

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Opinion

Order, entered on January 8, 1963, denying motion for preference in personal injury negligence action under Special Rule Regulating and Granting of Preferences in such actions of the New York County Supreme Court (now Bronx and New York Counties Rules, Part I, rule IX, subd. [3] ) and order entered on February 8, 1963 denying reconsideration, unanimously reversed on the law, on the facts, and in the exercise of discretion, without costs, and the motion for preference is granted. Plaintiff established a prima facie ease of serious physical injury by offering evidence of special damages of about $1,000, fractured leg, restriction in movement of spine, dizziness and recurrent headaches, plus the medical report which concluded that “ the present condition may reasonably be assumed as permanently and partially disabling.” In the absence of countervailing evidence, the preference should have been granted (e.g., Calanni v. Trunos, 12 A D 2d 762). Concur — Breitel, J. P., Rabin, Valente, Stevens and Bergan, JJ.

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Order, entered on January 8, 1963, denying motion for preference in personal injury negligence action under Special Rule Regulating and Granting of Preferences in such actions of the New York County Supreme Court (now Bronx and New York Counties Rules, Part I, rule IX, subd. [3] ) and order entered on February 8, 1963 denying reconsideration, unanimously reversed on the law, on the facts, and in the exercise of discretion, without costs, and the motion for preference is granted. Plaintiff established a prima facie ease of serious physical injury by offering evidence of special damages of about $1,000, fractured leg, restriction in movement of spine, dizziness and recurrent headaches, plus the medical report which concluded that “ the present condition may reasonably be assumed as permanently and partially disabling.” In the absence of countervailing evidence, the preference should have been granted (e.g., Calanni v. Trunos, 12 A D 2d 762). Concur — Breitel, J. P., Rabin, Valente, Stevens and Bergan, JJ.

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Bluebook (online)

20 A.D.2d 517, 244 N.Y.S.2d 504, 1963 N.Y. App. Div. LEXIS 2801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singleton-v-schultz-nyappdiv-1963.