VALLEN v. FIFTH AVE. COACH CORP.


5 A.D.2d 769 (1958)

Harry Vallen, Appellant, v. Fifth Avenue Coach Corp., Respondent

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

January 28, 1958


Per Curiam.

The medical affidavits of the plaintiff establish a fracture of the left malleolus superimposed on a prior fracture thereof allegedly aggravating a pre-existing congenital scoliosis. The defendant has not submitted any medical evidence in rebuttal. The application brought on by notice of motion dated November 1, 1951, for a rule V preference under New York County Supreme Court Trial Term Rules, makes a sufficient showing to warrant the preference...

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