Baroo v. Hults

Appellate Division of the Supreme Court of New York

Baroo v. Hults

9 A.D.2d 661, 192 N.Y.S.2d 482, 1959 N.Y. App. Div. LEXIS 6618

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 20, 1959

StatusPublished

This text of 9 A.D.2d 661 (Baroo v. Hults) 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.

Bluebook

Baroo v. Hults, 9 A.D.2d 661, 192 N.Y.S.2d 482, 1959 N.Y. App. Div. LEXIS 6618 (N.Y. Ct. App. 1959).

Pincite

Opinion

Determination of the Commissioner of Motor Vehicles is annulled, without costs, on the law and on the facts, and the matter remanded for a new hearing. The hearing was inadequate, and the basis for the determination is not sufficiently supported by the record. Moreover, the comments by the trial deputy during the course of the hearing leave the impression of some measure of prejudgment. On the new hearing it would be appropriate to develop the facts more fully as to the condition of the petitioner at the time of the accident, as well as those concerning the surrounding circumstances. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and McNally, JJ.

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Determination of the Commissioner of Motor Vehicles is annulled, without costs, on the law and on the facts, and the matter remanded for a new hearing. The hearing was inadequate, and the basis for the determination is not sufficiently supported by the record. Moreover, the comments by the trial deputy during the course of the hearing leave the impression of some measure of prejudgment. On the new hearing it would be appropriate to develop the facts more fully as to the condition of the petitioner at the time of the accident, as well as those concerning the surrounding circumstances. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and McNally, JJ.

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Bluebook (online)

9 A.D.2d 661, 192 N.Y.S.2d 482, 1959 N.Y. App. Div. LEXIS 6618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baroo-v-hults-nyappdiv-1959.