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Kuznetz v. Neuman

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1957
3 A.D.2d 743 (N.Y. App. Div. 1957)

Opinion

March 26, 1957


Plaintiff, 83 years of age, has made a strong showing, supported by an unreserved and unequivocal affidavit by a physician, that because of the serious injuries received in the accident he will not survive for the length of time it will take for his case to come to trial. His motion for a trial preference under rule 151 of the Rules of Civil Practice should have been granted in the interests of justice (cf. Gray v. F. R. Trucking Co., 3 A.D.2d 735, in which the medical showing was not adequate). Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted.

Concur — Breitel, J.P., Botein, Rabin, Valente and McNally, JJ.


Summaries of

Kuznetz v. Neuman

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1957
3 A.D.2d 743 (N.Y. App. Div. 1957)
Case details for

Kuznetz v. Neuman

Case Details

Full title:ABRAHAM KUZNETZ, Appellant, v. DORIS NEUMAN et al., Respondents

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

Date published: Mar 26, 1957

Citations

3 A.D.2d 743 (N.Y. App. Div. 1957)

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