THOMAS v. LENOX 116 INC.


10 A.D.2d 842 (1960)

Annie L. Thomas et al., Appellants, v. Lenox 116 Inc., Respondent

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

April 26, 1960


Order denying a preference pursuant to subdivision 5 of rule V of the New York County Supreme Court Trial Term Rules is modified on the law, on the facts and in the exercise of discretion, to grant leave to the plaintiff to make a new application for the same relief sought herein on new and additional medical proof, and, as modified, is otherwise affirmed, without costs.

From the papers it appears that the last examination of the plaintiff by a medical expert occurred...

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