BINNINGER v. GRILLO


28 A.D.2d 1100 (1967)

Geraldine C. Binninger, Respondent, v. Federico Grillo, Appellant

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

November 2, 1967


Order, entered April 5, 1967, advancing this personal injury action for trial, unanimously reversed and vacated, on the law and on the facts, and in the exercise of discretion, with $30 costs and disbursements to defendant.

Although it appears that the plaintiff has a clear case on the liability issue, it may not be properly held on the basis of the record that the defendant's counsel acted in bad faith or unreasonably in his evaluation of the plaintiff's injuries...

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