LUCAS v. GOREY


26 A.D.2d 557 (1966)

Thomas Lucas, Respondent, v. John Gorey, Jr., et al., Defendants, and Reyem Associates, Inc., Appellant

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

June 13, 1966


Order reversed, without costs, and motion denied, without prejudice to a renewal on proper papers showing medical proof that plaintiff's physical condition at the time of the making of the motion is such as to prevent him from obtaining employment by reason of the injuries, and corroborative proof as to the claim of destitution.

In our opinion, it was an improvident exercise of discretion to grant a preference based upon a hospital record and an X-ray report dated...

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