Vogel v. Fishbein

Appellate Division of the Supreme Court of New York

Vogel v. Fishbein

33 A.D.2d 561, 305 N.Y.S.2d 1022, 1969 N.Y. App. Div. LEXIS 3192

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

DecidedOctober 6, 1969

StatusPublished

This text of 33 A.D.2d 561 (Vogel v. Fishbein) 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

Vogel v. Fishbein, 33 A.D.2d 561, 305 N.Y.S.2d 1022, 1969 N.Y. App. Div. LEXIS 3192 (N.Y. Ct. App. 1969).

Pincite

Opinion

Appeal by plaintiffs from an order of the 'Supreme Court, Queens County, dated March 3, 1969, which, upon reconsideration, denied their application for a general preference. Order modified, on the law and the facts and in the exercise of discretion, by striking therefrom the provision denying a general preference and by substituting therefor a provision granting such preference. As so modified, order affirmed, with $10 costs and disbursements to appellants. In our opinion, the injuries sustained by plaintiff Vogel may arguably support a verdict in excess of the Civil Court jurisdiction of $10,000. Hence, she is entitled to a general preference (see Cobb v. Herbsman, 26 A D 2d 781). Christ, Acting P. J., Brennan, Rabin, Benjamin and Munder, JJ., concur.

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Appeal by plaintiffs from an order of the 'Supreme Court, Queens County, dated March 3, 1969, which, upon reconsideration, denied their application for a general preference. Order modified, on the law and the facts and in the exercise of discretion, by striking therefrom the provision denying a general preference and by substituting therefor a provision granting such preference. As so modified, order affirmed, with $10 costs and disbursements to appellants. In our opinion, the injuries sustained by plaintiff Vogel may arguably support a verdict in excess of the Civil Court jurisdiction of $10,000. Hence, she is entitled to a general preference (see Cobb v. Herbsman, 26 A D 2d 781). Christ, Acting P. J., Brennan, Rabin, Benjamin and Munder, JJ., concur.

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Bluebook (online)

33 A.D.2d 561, 305 N.Y.S.2d 1022, 1969 N.Y. App. Div. LEXIS 3192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vogel-v-fishbein-nyappdiv-1969.