Legal Opinion

Brennan v. Powell

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1938PublishedCited by 1 opinion

1Opinion of the Court

In an action to recover for death by alleged wrongful act, order, so far as it denies plaintiff’s motion for a trial preference on the ground of destitution, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. The facts establishing plaintiff's destitution are not challenged. At the time the application for a preference was made, she and her four children were on home relief. If she were to apply for a widow’s pension, it would have to be on the ground she was destitute, and the fact that she might do so would not change her status…

2Cases cited1 opinion

  1. Hardison v. ByrdAppellate Division of the Supreme Court of the State of New York · 1937

3Cited by1 opinion

  1. Silverberg v. ManzoNew York Supreme Court · 1948

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