LEHMAN v. LICHTENSTEIN


12 A.D.2d 502 (1960)

Seymour Lehman et al., Respondents, v. Gabriel Lichtenstein et al., Appellants

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

November 14, 1960


Order reversed, with $10 costs and disbursements, and motion denied, with leave to plaintiffs, if so advised, to make a new application on competent medical proof based on a recent physical examination and a showing that there is a probability that one of the plaintiffs will not survive the period of time required for the action to be reached for trial in its regular order.

Mere severity of injuries is insufficient to warrant the exercise of the court's discretion...

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