Appellate Division of the Supreme Court of New York, 1961

Dietrich v. Stier

Dietrich v. Stier
Appellate Division of the Supreme Court of New York · Decided May 1, 1961
13 A.D.2d 778; 215 N.Y.S.2d 20; 1961 N.Y. App. Div. LEXIS 11204
Dietrich v. Stier

Opinion of the Court

In an action against a dentist to recover damages for personal injuries sustained *779by reason of defendant’s alleged malpractice, plaintiff appeals from so much of an order of the Supreme Court, Queens County, dated December 6, 1960, as on reconsideration adhered to the original decision and denied plaintiff’s application for a preference pursuant to rule 9 of the Queens County Supreme Court Rules. Order insofar as appealed from affirmed, without costs. On this record, it may not he held that the Trial Term improvidently exercised its discretion on the motion for reconsideration. Ughetta, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.

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