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Parsons v. Friedman

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1962
17 A.D.2d 639 (N.Y. App. Div. 1962)

Opinion

July 2, 1962


In an action to recover damages for personal injuries, plaintiff appeals: (a) from an order of the Supreme Court, Kings County, dated January 29, 1962, which, upon reconsideration, denied plaintiff's motion, made pursuant to rule 9 of the Kings County Supreme Court Rules, for a preference in trial; and (b) from the order [of Oct. 2, 1959] "entered upon the decision denying plaintiff a preference". [The misdescription in the first mentioned order and in the notice of appeal with respect thereto, will be disregarded (Civ. Prac. Act, § 105)]. Order of January 29, 1962 affirmed, with $10 costs and disbursements. In our opinion, on the basis of the medical proof submitted, the Special Term properly denied the preference (cf. Groeger v. Mifleb Realty Corp., 9 A.D.2d 684; Cunningham v. Malbin, 8 A.D.2d 949). Plaintiff's appeal from the second mentioned order is dismissed; it was superseded by the later order of January 29, 1962. Beldock, P.J., Brennan, Hill, Rabin and Hopkins, JJ., concur.


Summaries of

Parsons v. Friedman

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1962
17 A.D.2d 639 (N.Y. App. Div. 1962)
Case details for

Parsons v. Friedman

Case Details

Full title:GEORGE PARSONS, Appellant, v. HOWARD M. FRIEDMAN, Respondent

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

Date published: Jul 2, 1962

Citations

17 A.D.2d 639 (N.Y. App. Div. 1962)

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