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Vogel v. Fishbein

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 1969
33 A.D.2d 561 (N.Y. App. Div. 1969)

Opinion

October 6, 1969


Appeal by plaintiffs from an order of the Supreme Court, Queens County, dated March 3, 1969, which, upon reconsideration, denied their application for a general preference. Order modified, on the law and the facts and in the exercise of discretion, by striking therefrom the provision denying a general preference and by substituting therefor a provision granting such preference. As so modified, order affirmed, with $10 costs and disbursements to appellants. In our opinion, the injuries sustained by plaintiff Vogel may arguably support a verdict in excess of the Civil Court jurisdiction of $10,000. Hence, she is entitled to a general preference (see Cobb v. Herbsman, 26 A.D.2d 781). Christ, Acting P.J., Brennan, Rabin, Benjamin and Munder, JJ., concur.


Summaries of

Vogel v. Fishbein

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 1969
33 A.D.2d 561 (N.Y. App. Div. 1969)
Case details for

Vogel v. Fishbein

Case Details

Full title:MARGARETHA VOGEL et al., Appellants, v. ARTHUR FISHBEIN, Respondent

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

Date published: Oct 6, 1969

Citations

33 A.D.2d 561 (N.Y. App. Div. 1969)