MILLER v. A CLEANING CONTRACTORS


42 A.D.2d 910 (1973)

John Miller et al., Appellants, v. A Cleaning Contractors, Defendant and Third-Party Plaintiff-Respondent. Deans Discount Land, Inc., Third-Party Defendant-Respondent

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

September 24, 1973


Order reversed insofar as appealed from, with $20 costs and disbursements against defendant, A Cleaning Contractors, and motion for a general preference granted.

The injured plaintiff sustained injuries to his left shoulder and elbow, including a fracture of the humerus. Uncontroverted medical data indicate a permanent 12½% loss of use of the left arm; and, in addition, a loss of earnings of $3,120 is claimed. In our opinion, the fiscal loss and the nature and...

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