SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
October 6, 1969
MARGARETHA VOGEL ET AL., APPELLANTS,
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).
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.
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