Stentella v. Levin

Appellate Division of the Supreme Court of New York

Stentella v. Levin

25 A.D.2d 779, 269 N.Y.S.2d 529, 1966 N.Y. App. Div. LEXIS 4496

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

DecidedApril 18, 1966

StatusPublished

This text of 25 A.D.2d 779 (Stentella v. Levin) 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

Stentella v. Levin, 25 A.D.2d 779, 269 N.Y.S.2d 529, 1966 N.Y. App. Div. LEXIS 4496 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a negligence action to recover damages for personal and property injuries, defendant appeals from an order of the Supreme Court, Richmond County, entered December 29, 1965, which granted plaintiff’s motion for a preference in the trial pursuant to CPLR 3403. Order reversed, without costs, and motion denied. In our opinion, the granting of a preference under the circumstances here adduced constituted an improvident exercise of discretion. There was an inadequate showing of destitution; and plaintiff’s alleged physical incapacity is not such as to render him incapable of engaging in any form of income-producing activity.

Beldoek, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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In a negligence action to recover damages for personal and property injuries, defendant appeals from an order of the Supreme Court, Richmond County, entered December 29, 1965, which granted plaintiff’s motion for a preference in the trial pursuant to CPLR 3403. Order reversed, without costs, and motion denied. In our opinion, the granting of a preference under the circumstances here adduced constituted an improvident exercise of discretion. There was an inadequate showing of destitution; and plaintiff’s alleged physical incapacity is not such as to render him incapable of engaging in any form of income-producing activity.

Beldoek, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

25 A.D.2d 779, 269 N.Y.S.2d 529, 1966 N.Y. App. Div. LEXIS 4496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stentella-v-levin-nyappdiv-1966.