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Mullally v. Cornish

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1956
1 A.D.2d 1034 (N.Y. App. Div. 1956)

Opinion

May 21, 1956


In an action to recover damages for personal injuries, the appeal is from an order granting a motion for a preference in the trial of the action. Order reversed, without costs, and motion denied, without prejudice to renewal if there be a change in circumstances. There was insufficient showing of destitution, or probability of death before trial in the regular order, to warrant the exercise of discretion in favor of granting the preference. ( Hamilton v. Bohack Co., 284 App. Div. 808; Walsh v. Federated Dept. Stores, 283 App. Div. 896; Quinlan v. Schaefer Brewing Co., 279 App. Div. 805.) Wenzel, Acting P.J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.


Summaries of

Mullally v. Cornish

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1956
1 A.D.2d 1034 (N.Y. App. Div. 1956)
Case details for

Mullally v. Cornish

Case Details

Full title:EDWARD F. MULLALLY, Respondent, v. JOHN CORNISH, Appellant

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

Date published: May 21, 1956

Citations

1 A.D.2d 1034 (N.Y. App. Div. 1956)

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