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MARY BRADY v. FRED FEHLING (09/29/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


September 29, 1969

MARY BRADY, APPELLANT,
v.
FRED FEHLING, RESPONDENT

In a negligence action to recover damages for personal injury, plaintiff appeals from an order of the Supreme Court, Rockland County, dated March 29, 1967, which denied her application for a general preference in trial.

Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.

In our opinion, the jurisdictional monetary limitation of the County Court, Rockland County, may preclude adequate recovery by plaintiff in that court. It was therefore an improvident exercise of discretion to deny the application.

Disposition

Order reversed, on the law and the facts, with $10 costs and disbursements, and application granted.

19690929

© 1998 VersusLaw Inc.



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