FACKRE v. RUBENSTEIN


40 A.D.2d 990 (1972)

Albert Fackre et al., Appellants, v. William Rubenstein et al., Respondents

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

December 11, 1972


Order of October 28, 1971 reversed, without costs, motion for reconsideration granted and, on reconsideration, a general preference is granted. If so advised, defendants may have a further physical examination upon 10 days' written notice. Appeal from order of May 21, 1971 dismissed, without costs.

In our opinion, the claimed injuries and special damages were sufficient to warrant the grant of a general preference. The order of May 21, 1971 was not included in the...

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