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MARGARETHA VOGEL ET AL. v. ARTHUR FISHBEIN (10/06/69)

October 6, 1969

MARGARETHA VOGEL ET AL., APPELLANTS,
v.
ARTHUR FISHBEIN, RESPONDENT



Appeal by plaintiffs from an order of the Supreme Court, Queens County, dated March 3, 1969, which, upon reconsideration, denied their application for a general preference.

Christ, Acting P. J., Brennan, Rabin, Benjamin and Munder, JJ., concur.

In our opinion, the injuries sustained by plaintiff Vogel may arguably support a verdict in excess of the Civil Court jurisdiction of $10,000. Hence, she is entitled to a general preference (see Cobb v. Herbsman, 26 A.D.2d 781).

Disposition

Order modified, on the law and the facts and in the exercise of discretion, by striking therefrom the provision denying a general preference and by substituting therefor a provision granting such preference. As so modified, order affirmed, with $10 costs and disbursements to appellants.

19691006

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