Squillante v. Los Cab Corp.

Full title: WILLIAM SQUILLANTE et al., Appellants, v. LOS CAB CORP. et al., Respondents

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

Date published: Oct 22, 1963

19 A.D.2d 817 (N.Y. App. Div. 1963)

Opinion

October 22, 1963

Order, entered on June 5, 1963, denying preference under rule V of the New York County Supreme Court Trial Term Rules, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to the appellants, and the motion for a preference granted, with $10 costs. Trial Term in denying the preference relied on an opinion of a medical panel doctor that the accident did not cause the injuries. So long as there was an issue as to that opinion, a preference should not have been denied.

Concur — Breitel, J.P., Rabin, Eager, Steuer and Bastow, JJ.