Wagner v. Hudes

Appellate Division of the Supreme Court of New York

Wagner v. Hudes

13 A.D.2d 637, 213 N.Y.S.2d 820, 1961 N.Y. App. Div. LEXIS 11353

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

DecidedApril 18, 1961

StatusPublished

This text of 13 A.D.2d 637 (Wagner v. Hudes) 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

Wagner v. Hudes, 13 A.D.2d 637, 213 N.Y.S.2d 820, 1961 N.Y. App. Div. LEXIS 11353 (N.Y. Ct. App. 1961).

Pincite

Opinion

Order, entered on April 19, 1960, denying plaintiff’s motion for reconsideration of the denial of the application for a preference under subdivision 5 of rule V of the New York County Supreme Court Trial Term Rules unanimously reversed, on the law and on the facts, and in the [638]*638exercise of discretion, with $20 costs and disbursements to the appellant, and the motion granted to the extent of directing a preference under rule V of the New York County Supreme Court Trial Term Rules, with $10 costs. It appears by affidavit of plaintiff’s doctor that the plaintiff sustained an impacted abduction fracture of the surgical neck of the right humerus and an additional fracture of- the greater tuberosity of the right humerus; and said affidavit, together with plaintiff’s affidavit make a prima facie showing that the injuries have resulted in protracted disability with substantial loss of earnings. Concur — Breitel, J. P., Rabin, Valente, McNally and Eager, JJ.

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Order, entered on April 19, 1960, denying plaintiff’s motion for reconsideration of the denial of the application for a preference under subdivision 5 of rule V of the New York County Supreme Court Trial Term Rules unanimously reversed, on the law and on the facts, and in the [638]*638exercise of discretion, with $20 costs and disbursements to the appellant, and the motion granted to the extent of directing a preference under rule V of the New York County Supreme Court Trial Term Rules, with $10 costs. It appears by affidavit of plaintiff’s doctor that the plaintiff sustained an impacted abduction fracture of the surgical neck of the right humerus and an additional fracture of- the greater tuberosity of the right humerus; and said affidavit, together with plaintiff’s affidavit make a prima facie showing that the injuries have resulted in protracted disability with substantial loss of earnings. Concur — Breitel, J. P., Rabin, Valente, McNally and Eager, JJ.

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Bluebook (online)

13 A.D.2d 637, 213 N.Y.S.2d 820, 1961 N.Y. App. Div. LEXIS 11353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-v-hudes-nyappdiv-1961.