FITZGERALD v. SOUTH NORWALK TRUST CO.


1 A.D.2d 822 (1956)

Maureen Fitzgerald, an Infant, by David Fitzgerald, Her Guardian ad Litem, et al., Appellants, v. South Norwalk Trust Co., as Executor of Francis Tuttle, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 24, 1956


Ordinarily, we would not interfere with the exercise of discretion of a judge presiding in the calendar part in denying an application for a two-year advance of a case on the Tort Calendar. However, special circumstances appear to be present in this case. The brain damage claimed here is epileptic in nature. There were no manifestations of the condition for some months after the Municipal Court action was commenced. It is evident that protracted medical examinations would...

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