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Barbieri v. Gustafson

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1971
36 A.D.2d 736 (N.Y. App. Div. 1971)

Opinion

March 15, 1971


In a negligence action to recover damages for personal and property injuries, the appeal is from an order of the Supreme Court, Westchester County, dated October 22, 1970, which granted a special preference for trial of the action. Order reversed, with $10 costs and disbursements. In the absence of a stenographic transcript of the pretrial conferences or other appropriate proof showing the facts upon which the Trial Term based its determination, the propriety of the granting of the preference cannot be adequately reviewed ( Jones v. Otis Elevator Co., 24 A.D.2d 451; Abramson v. Kenwood Labs., 17 A.D.2d 626). Rabin, P.J., Hopkins, Munder, Martuscello and Latham, JJ., concur.


Summaries of

Barbieri v. Gustafson

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1971
36 A.D.2d 736 (N.Y. App. Div. 1971)
Case details for

Barbieri v. Gustafson

Case Details

Full title:EMILIO BARBIERI, Respondent, v. GARY C. GUSTAFSON, Defendant, and PIEDMONT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 15, 1971

Citations

36 A.D.2d 736 (N.Y. App. Div. 1971)

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