KRAMER v. LEON


12 A.D.2d 303 (1961)

Sarah Kramer, Appellant, v. Harold Leon et al., Respondents

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

February 21, 1961.


Attorney(s) appearing for the Case

Eugene G. Lamb of counsel (Joseph T. Mirabel, attorney), for appellant.

I. Sidney Worthman of counsel (Tropp & Steinbock, attorneys), for respondents.

BREITEL, J. P., RABIN, STEVENS and EAGER, JJ., concur in Per Curiam opinion; McNALLY, J., dissents and votes to affirm in following memorandum: I dissent and vote to affirm the order denying a preference under rule 151 of the Rules of Civil Practice on the authority of Bitterman v. 2007 Davidson Ave. (278 App. Div. 759) and Gray v. F & R Trucking Co. ().


Per Curiam.

In this personal injury action plaintiff appeals from a denial of her motion for a preference under rule 151 of the Rules of Civil Practice.

On January 14, 1959 plaintiff suffered personal injuries as a result of a fall on a stairway, allegedly because of the negligence of the defendants. Her affidavit recites that, as of March, 1960, she was 78 years of age. She was confined to a hospital for 21 days. Her bill of particulars claims $1,905...

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