Appellate Division of the Supreme Court of New York, 1972

McConnell v. Waldbaum 58, Inc.

McConnell v. Waldbaum 58, Inc.
Appellate Division of the Supreme Court of New York · Decided June 12, 1972
39 A.D.2d 945; 333 N.Y.S.2d 1001; 1972 N.Y. App. Div. LEXIS 4363
McConnell v. Waldbaum 58, Inc.

Opinion of the Court

In an action to recover damages for personal injuries, loss of services, etc., plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County, dated January 26, 1972, as, on reconsideration, adhered to the original decision denying their application for a general preference. Order reversed insofar as appealed from, with $10 costs and disbursements, and general preference granted. In view of the uncontradicted claim of a permanent partial disability, there is a prima facie showing of a *946sufficient monetary loss to warrant a general preference. Munder, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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