Binninger v. Grillo
| Citation | 28 A.D.2d 1100,284 N.Y.S.2d 189 |
| Parties | Geraldine C. BINNINGER, Plaintiff-Respondent, v. Federico GRILLO, Defendant-Appellant. |
| Decision Date | 02 November 1967 |
| Court | New York Supreme Court — Appellate Division |
R. M. Trapani, New York City, for plaintiff-respondent.
W. T. Reardon, White Plains, for defendant-appellant.
Before STEVENS, J.P., and EAGER, STEUER, TILZER and McNALLY, JJ.
Order, entered April 5, 1967, advancing this personal injury action for trial, unanimously reversed and vacated, on the law and on the facts, and in the exercise of discretion, with $30 costs and disbursements to defendant. Although it appears that the plaintiff has a clear case on the liability issue, it may not be properly held on the basis of the record that the defendant's counsel acted in bad faith or unreasonably in his evaluation of the plaintiff's injuries and damages. A clear case of liability does not entitle plaintiff to have her action preferred for trial over other actions on the calendar; if there is no bona fide issue of fact bearing on the liability issue, the plaintiff's remedy is to move for summary judgment. (Wolff v. Laverne, Inc., 17 A.D.2d 213, 215, 233 N.Y.S.2d 555, 557). Under the circumstances, however, this action may again be reviewed at pretrial with due consideration to be given to plaintiff's alleged facial disfigurement in accordance with her present appearance and condition and, in this connection, the matter may in the discretion of the court be referred to the impartial medical panel.
To continue reading
Request your trial
-
Mitchell v. Iowa Cab Co.
...not specifically authorized by law.' Wolff v. Laverne, Inc., 17 A.D.2d 213, 214--215, 233 N.Y.S.2d 555, 557. See also Binninger v. Grillo, 28 A.D.2d 1100, 284 N.Y.S.2d 189; Sulahian v. City of New York, 19 A.D.2d 522, 239 N.Y.S.2d 1015; Silson v. City of New York, 280 App.Div. 889, 115 N.Y.......
-
Vizzi v. Town of Islip
...procedure is applicable. CPLR 3212(b); Northern Operating Corp. v. Town of Ramapo, 31 A.D.2d 822, 297 N.Y.S.2d 777; Binninger v. Grillo, 28 A.D.2d 1100, 284 N.Y.S.2d 189; Cf. Knatler v. M & M Affiliates, Inc., 31 A.D.2d 722, 297 N.Y.S.2d On March 20, 1969, the Islip Town Board passed a reso......
-
Gilligan v. Pete
...Company, Inc., 32 A.D.2d 627, 299 N.Y.S.2d 896; Mitchell v. Iowa Cab Company, Inc., 31 A.D.2d 519, 294 N.Y.S.2d 749; Binniger v. Grillo, 28 A.D.2d 1100, 284 N.Y.S.2d 189; Wolff v. Laverne, Inc., 17 A.D.2d 213, 233 N.Y.S.2d 555.) Accordingly, the preference should be vacated and the case sho......
-
Oaklander v. Sodikoff Contracting Co.
...v. Alston Cab Co., 32 A.D.2d 627, 299 N.Y.S.2d 896; Mitchell v. Iowa Cab Co., 31 A.D.2d 519, 294 N.Y.S.2d 749; Binninger v. Grillo, 28 A.D.2d 1100, 284 N.Y.S.2d 189). ...