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CABAN v. BARTZON

13 A.D.2d 1024 (1961)

David Caban, an Infant, by His Guardian ad Litem, Brigida Caban, et al., Appellants, v. George Bartzon, Respondent

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

June 26, 1961

Order affirmed, without costs.

The conditional denial of the preference may not be said to have been an improvident exercise of discretion in view of: (a) the lack of a definite statement as to which of the claimed injuries are permanent; (b) the lack of affidavits by either of the two treating physicians; and (c) the lack of a statement as to the mental and neurological condition of the infant plaintiff before the accident...

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