Walsh v. Federated Department Stores, Inc.

Appellate Division of the Supreme Court of New York

Walsh v. Federated Department Stores, Inc.

283 A.D. 896, 129 N.Y.S.2d 599, 1954 N.Y. App. Div. LEXIS 5682

Appellate Division of the Supreme Court of the State of New York·Decided April 20, 1954·Published·Cited by 3 cases

Opinion

In an action to recover damages for personal injuries, plaintiff appeals from an order denying her motion for a trial preference. It appears without dispute that plaintiff is seventy-five years of age and, in the opinion of her physician, will not survive the period within- which the action will be reached for trial in regular order. Order reversed, without costs, and motion granted, without costs. Under the facts we are of opinion that the preference should have been granted. Holán, P. J., Adel, Wenzel, MaeCrate and Beldoek, JJ., concur.

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In an action to recover damages for personal injuries, plaintiff appeals from an order denying her motion for a trial preference. It appears without dispute that plaintiff is seventy-five years of age and, in the opinion of her physician, will not survive the period within- which the action will be reached for trial in regular order. Order reversed, without costs, and motion granted, without costs. Under the facts we are of opinion that the preference should have been granted. Holán, P. J., Adel, Wenzel, MaeCrate and Beldoek, JJ., concur.

Walsh v. Federated Department Stores, Inc., 283 A.D. 896, 129 N.Y.S.2d 599, 1954 N.Y. App. Div. LEXIS 5682 (N.Y. Ct. App. 1954).

Pincite

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Opinion

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