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

Barbieri v. Gustafson

Barbieri v. Gustafson, 36 A.D.2d 736 (Appellate Division of the Supreme Court of the State of New York 1971)

Type: Opinion
Court: Appellate Division of the Supreme Court of the State of New York
Jurisdiction: New York
Date: 1971-03-15
Topic: general

Rabin, P. J., Hopkins, Munder, Martuseello and Latham, JJ., concur.

Citator

UpLaw has not yet analyzed Barbieri v. Gustafson. The absence of a flag is not a finding that it is good law.

Cited by: 1 opinion

BARBIERI v. GUSTAFSON,36 A.D.2d 736[2d Dept 1971]

EMILIO BARBIERI, Respondent, v. GARY C. GUSTAFSON, Defendant, and PIEDMONT

INN, INC., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

March 15, 1971

In a negligence action to recover damages for personal and property injuries, the appeal is from an order of the Supreme Court, Westchester County, dated October 22, 1970, which granted a special preference for trial of the action. Order reversed, with $10 costs and disbursements. In the absence of a stenographic transcript of the pretrial conferences or other appropriate proof showing the facts upon which the Trial Term based its determination, the propriety of the granting of the preference cannot be adequately reviewed (Jonesv.OtisElevator Co.,24 A.D.2d 451;Abramsonv.Kenwood Labs.,17 A.D.2d 626). Rabin, P.J., Hopkins, Munder, Martuscello and Latham, JJ., concur.