Donlin v. Hemingway Transport, Inc.

• Court: New York Supreme Court — Appellate Division
• Citation: Donlin v. Hemingway Transport, Inc., 310 N.Y.S.2d 1017, 34 A.D.2d 660 (N.Y. App. Div. 1970)
• Decision Date: 13 April 1970
• Parties: Williminha DONLIN, as administratrix, etc., Appellant, v. HEMINGWAY TRANSPORT, INC., Respondent.

Page 1017

310 N.Y.S.2d 1017

34 A.D.2d 660

Williminha DONLIN, as administratrix, etc., Appellant, v. HEMINGWAY TRANSPORT, INC., Respondent.

Supreme Court of New York, Appellate Division Second Department.

April 13, 1970.

Kaufman & Siegel, New York City, for plaintiff-appellant; Herbert Kaufman, New York City, of counsel.

Mendes & Mount, New York City, for defendant-respondent; Brendan C. Kelly, New York City, of counsel.

In a negligence action to recover damages for wrongful death and conscious pain and suffering, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County, entered February 25, 1969, as, on reconsideration, adhered to the original determination denying her a general preference for trial. Order reversed insofar as appealed from, on the law and the facts and in the exercise of discretion, with $10 costs and disbursements, and general preference granted. In our opinion, the conflict of medical opinion as to the causal relationship between the accident and the death of plaintiff's husband must be resolved at a trial (Koblein v. City of New York, 30 A.D.2d 965, 294 N.Y.S.2d 475; Martin v. Suarez, 30 A.D.2d 947, 293 N.Y.S.2d 950; Kahane v. Meehan, 24 A.D.2d 768, ...