Legal Opinion

Rinzler v. Manufacturers Trust Co.

New York Supreme Court

Decided October 7, 1947PublishedCited by 2 opinions

1Opinion of the CourtHallinan, J.

Motion for a preference denied. The application is predicated on two affidavits. The first is a hearsay affidavit by the attorney for the plaintiff which contains no facts but conclusions, and the other is an affidavit by a physician which is meager and fails to state whether the injuries are permanent and whether it is his opinion, based upon a sufficient disclosure of facts, that the plaintiff will not survive if the case is reached in its regular order. Merely because the plaintiff is advanced in years is no reason for granting a preference. Such relief is granted where plaintiff is aged…

2Cases cited2 opinions

  1. Hyman v. National Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1940
  2. Christenson v. Brooklyn & Queens Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1934

3Cited by2 opinions

  1. Dodumoff v. LyonsAppellate Division of the Supreme Court of the State of New York · 1957
  2. Blank v. Medical Arts Center HospitalNew York Supreme Court · 1956

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