Appellate Division of the Supreme Court of New York, 1966

Goldstein v. Imperial Coach Co.

Goldstein v. Imperial Coach Co.
Appellate Division of the Supreme Court of New York · Decided May 23, 1966 · Beldoek, Brennan, Christ, Hopkins, Ughetta
25 A.D.2d 879; 271 N.Y.S.2d 562; 1966 N.Y. App. Div. LEXIS 4125
Goldstein v. Imperial Coach Co.

Opinion of the Court

In a negligence action to recover damages for personal injury, medical expenses, etc., plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County, entered December 7, 1965, as, on reconsideration, adhered to the court’s original decision denying a general preference in trial. Order reversed insofar as appealed from, without costs; motion granted; and general preference in trial directed to be aeeorded to this action. In our opinion, the jurisdictional monetary limitation of the Civil Court of the City of New York may preclude adequate recovery by plaintiffs in that court. It was, therefore, an improvident exercise of discretion to deny the application for a preference.

Beldoek, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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