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Cava v. John W. McGrath Corp.

2 A.D.2d 686 Court N.Y. App. Div. Decision date 1956-06-11 English

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p. 686
Carolina Cava, as Administratrix of the Estate of James V. Cava, Deceased, Respondent, v. John W. McGrath Corp., Appellant.

In an action to recover damages for wrongful death and for conscious pain and suffering, order granting respondent’s motion for a preference in the trial affirmed, without costs. In our opinion, the uncontroverted medical evidence establishes the improbability of survival until the time of trial in the regular order. Wenzel, Acting P. J., Beldock, Ughetta, Hallinan and Kleinfeld, JJ., concur.