De Kenipp v. Rodrequiz

Originally, this action had been commenced in the Supreme Court. At a pretrial conference in March, 1959, the action, by consent, had been transferred to the County Court. Such consent and such transfer, however, were predicated on the facts then known. Based on additional facts subsequently ascertained, petitioner made the present application to return the action to the Supreme Court. It appears from this record that the doctor who treated petitioner has unequivocally averred that she has a herniated disc, which is painful, disabling and permanent; and that the accident was a competent…