Appellate Division of the Supreme Court of New York, 1960

Camins v. Superior Trucking Co.

Camins v. Superior Trucking Co.
Appellate Division of the Supreme Court of New York · Decided October 18, 1960
11 A.D.2d 1007; 206 N.Y.S.2d 88; 1960 N.Y. App. Div. LEXIS 7716
Camins v. Superior Trucking Co.

Opinion of the Court

Order, entered April 20,1960, denying plaintiff’s motion for a reconsideration of the denial of an application for a preference under subdivision 5 of rule IV of the Bronx County Supreme Court Rules, unani*1008mously reversed on the facts and in the exercise of discretion, with $20 costs and disbursements to appellants, and the motion for a preference granted, with $10 costs. Considering the nature of the injuries, which were not controverted by any physician’s affidavit in opposition, and the special damages, plaintiffs made a sufficient showing to. warrant a general preference under rule IV. The appeal from the ex parte order entered on October 15, 1958 is dismissed. Concur — Breitel, J. P., Rabin, Valente, McNally and Bastow, JJ.

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