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Turturro v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1977
58 A.D.2d 601 (N.Y. App. Div. 1977)

Opinion

June 13, 1977


In an action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Suffolk County, dated February 28, 1977, which granted plaintiffs' application for a special preference. Order reversed, without costs or disbursements, and application for a special preference denied. The court abused its discretion in granting the special preference. A clear case of liability does not entitle a plaintiff to have his or her action preferred for trial over the other actions on the calendar. The remedy in such a situation is a motion for summary judgment (see Binninger v Grillo, 28 A.D.2d 1100). A court cannot make a finding of bad faith under CPLR 3403 simply because it disagrees with the amount which the defendant has offered for settlement (Oaklander v Sodikoff Contr. Co., 35 A.D.2d 960). Martuscello, J.P., Latham, Margett and O'Connor, JJ., concur.


Summaries of

Turturro v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1977
58 A.D.2d 601 (N.Y. App. Div. 1977)
Case details for

Turturro v. Stevens

Case Details

Full title:NICHOLAS TURTURRO, an Infant, et al., Respondents, v. WAYNE STEVENS, an…

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

Date published: Jun 13, 1977

Citations

58 A.D.2d 601 (N.Y. App. Div. 1977)

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