VOGEL v. FISHBEIN


33 A.D.2d 561 (1969)

Margaretha Vogel et al., Appellants, v. Arthur Fishbein, Respondent

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

October 6, 1969


Order modified, on the law and the facts and in the exercise of discretion, by striking therefrom the provision denying a general preference and by substituting therefor a provision granting such preference. As so modified, order affirmed, with $10 costs and disbursements to appellants.

In our opinion, the injuries sustained by plaintiff Vogel may arguably support a verdict in excess of the Civil Court jurisdiction of $10,000. Hence, she is entitled to a general preference...

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