NAPOLITANO v. ALTERMAN


35 A.D.2d 670 (1970)

Eleanor Napolitano et al., Appellants, v. Phyllis Alterman et al., Respondents

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

September 21, 1970


Order reversed insofar as appealed from, with $10 costs and disbursements, and plaintiffs' motion for a general preference granted.

In our opinion, it was an improvident exercise of discretion to deny plaintiffs' application for a general preference. Neither a conflict between medical experts concerning the proximate cause of the plaintiff wife's diplopia nor a weighing of the evidence concerning that issue is relevant to whether a general preference should be granted...

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