Aspinall v. City of New York
This text of 221 A.D. 753 (Aspinall v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment affirmed, with costs. In taking plaintiff to his home, the driver of respondent’s automobile was not acting in the discharge of the city’s business. The act was beyond the authority of the municipal corporation. Section 282-e of the Highway Law does not impose any liability upon the city under the proof here. (Downing v. City of New York, 219 App. Div. 444.) Kelly, P. J., Kapper, Lazansky and Hagarty, JJ., concur; Young, J., dissents, being of opinion that the Legislature, in passing section 282-e of the Highway Law, intended that this provision should have general application to municipal corporations as well as to individuals.
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221 A.D. 753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aspinall-v-city-of-new-york-nyappdiv-1927.