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Poss v. Hotel Murida, Inc.

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 1958
6 A.D.2d 1031 (N.Y. App. Div. 1958)

Opinion

October 7, 1958


There is sufficient in the application of the plaintiff for a general preference under subdivision 5 of rule IV of the Rules of the Supreme Court, Bronx County, to raise an issue as to the causal connection between the accident and the detachment of the retina of the left eye, as indicated by the doctor's affidavit. We cannot decide that issue on the affidavits submitted in support of the application for a preference under the rule. If in fact there is a detached retina which was caused by the accident plaintiff is entitled to a trial in the Supreme Court. In the circumstances the order appealed from is reversed, and the application for a general preference under rule IV is granted, with $20 costs and disbursements to appellants.

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


Summaries of

Poss v. Hotel Murida, Inc.

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 1958
6 A.D.2d 1031 (N.Y. App. Div. 1958)
Case details for

Poss v. Hotel Murida, Inc.

Case Details

Full title:GERTIE POSS et al., Appellants, v. HOTEL MURIDA, INC., Respondent

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

Date published: Oct 7, 1958

Citations

6 A.D.2d 1031 (N.Y. App. Div. 1958)