Harry Vallen v. Fifth Avenue Coach Corp‪.‬

Appeal from an order of the Supreme Court at Special Term, entered September 12, 1955, in New York County, which denied a
motion by plaintiff for an order granting a preference pursuant to rule V of the New York County Supreme Court Trial Term
Rules. Appeals from orders of said court entered December 2, 1955 and December 6, 1956, which denied motions by plaintiff
for orders granting a preference as requested in the first said motion. Per Curiam. The medical affidavits of the plaintiff establish a fracture of the left malleolus superimposed on a prior fracture
thereof allegedly aggravating a pre-existing congenital scoliosis. The defendant has not submitted any medical evidence in
rebuttal. The application brought on by notice of motion dated November 1, 1951, for a rule V preference under New York County
Supreme Court Trial Term Rules, makes a sufficient showing to warrant the preference.