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Cooper v. Donald

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 1960
10 A.D.2d 704 (N.Y. App. Div. 1960)

Opinion

March 29, 1960


Order denying a motion for a preference under subdivision 5 of rule V of the Trial Term Rules unanimously reversed, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion granted, with $10 costs. The affidavits disclose injuries, and special damages attributable to them, sufficient to warrant a preference within the meaning of the rule ( Chernow v. City of New York, 6 A.D.2d 1000).

Concur — Breitel, J.P., Rabin, M.M. Frank, McNally and Stevens, JJ.


Summaries of

Cooper v. Donald

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 1960
10 A.D.2d 704 (N.Y. App. Div. 1960)
Case details for

Cooper v. Donald

Case Details

Full title:RICHARD COOPER, Appellant, v. RICHARD W. DONALD et al., Respondents

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

Date published: Mar 29, 1960

Citations

10 A.D.2d 704 (N.Y. App. Div. 1960)