ORT v. GARNERVILLE HOLDING CO., INC.


31 A.D.2d 752 (1969)

Solomon Ort, Appellant, v. Garnerville Holding Company, Inc., Respondent

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

January 13, 1969


Order affirmed insofar as appealed from, with $10 costs and disbursements.

No opinion.

Benjamin and Martuscello, JJ., dissent and vote to reverse the order insofar as appealed from and to grant a general trial preference, with the following memorandum:

The injured plaintiff, a 45-year-old man at the time of the accident, claims special damages of $1,810.45 — $150 for medical treatment, $236.45 for hospital bills and $1,424 for loss of earnings...

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