Brown v. Gelat Holding Corp.

Full title: RICHARD BROWN, Appellant, v. GELAT HOLDING CORP., Respondent

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

Date published: Dec 18, 1950

277 App. Div. 1140 (N.Y. App. Div. 1950)

Opinion

December 18, 1950.

In an action to recover damages for personal injuries, order denying plaintiff's motion for a preference in trial reversed on the facts, with $10 costs and disbursements, and the motion granted, without costs. Under the circumstances here disclosed, the denial of the preference was an improvident exercise of discretion. ( Stevens v. Bridge Auto Renting Corp., 262 App. Div. 872. ) Carswell, Acting P.J., Johnston, Sneed and Wenzel, JJ., concur; Adel, J., dissents and votes to affirm.