Spetsiotis v. Manufacturers Hanover Trust Co.

Appellate Division of the Supreme Court of New York

Spetsiotis v. Manufacturers Hanover Trust Co.

31 A.D.2d 790, 296 N.Y.S.2d 930, 1969 N.Y. App. Div. LEXIS 4671

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

DecidedFebruary 3, 1969

StatusPublished

This text of 31 A.D.2d 790 (Spetsiotis v. Manufacturers Hanover Trust Co.) 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

Spetsiotis v. Manufacturers Hanover Trust Co., 31 A.D.2d 790, 296 N.Y.S.2d 930, 1969 N.Y. App. Div. LEXIS 4671 (N.Y. Ct. App. 1969).

Pincite

Opinion

The order entered November 4, 1968, unanimously reversed on .the law, the facts and in the exercise of discretion and the motion denied, without costs and without disbursements. The record does not warrant the granting of a trial preference pursuant to CPLR 3403 (subd. [a], par. 3). Admittedly plaintiff’s workmen’s compensation benefits and his wife’s salary are sufficient to meet their reasonable current living expenses. Nor is the possibility that plaintiff’s wife will give up her employment and seek public assistance a sufficient reason for granting a trial preference (Martinkovie v. Chrysler Leasing Corp., 29 A D 2d 636). Finally, the claim that plaintiff is suffering from a post-traumatic psychosis was not supported by current medical evidence and was sharply disputed by defendants’ expert. Concur - Stevens, P. J., Eager, Capozzoli, McGivern and Nunez, JJ.

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The order entered November 4, 1968, unanimously reversed on .the law, the facts and in the exercise of discretion and the motion denied, without costs and without disbursements. The record does not warrant the granting of a trial preference pursuant to CPLR 3403 (subd. [a], par. 3). Admittedly plaintiff’s workmen’s compensation benefits and his wife’s salary are sufficient to meet their reasonable current living expenses. Nor is the possibility that plaintiff’s wife will give up her employment and seek public assistance a sufficient reason for granting a trial preference (Martinkovie v. Chrysler Leasing Corp., 29 A D 2d 636). Finally, the claim that plaintiff is suffering from a post-traumatic psychosis was not supported by current medical evidence and was sharply disputed by defendants’ expert. Concur - Stevens, P. J., Eager, Capozzoli, McGivern and Nunez, JJ.

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Bluebook (online)

31 A.D.2d 790, 296 N.Y.S.2d 930, 1969 N.Y. App. Div. LEXIS 4671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spetsiotis-v-manufacturers-hanover-trust-co-nyappdiv-1969.