Chamberlain v. Town of Brighton

Appellate Division of the Supreme Court of New York

Chamberlain v. Town of Brighton

272 A.D.2d 1037

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

DecidedOctober 29, 1947

StatusPublished

This text of 272 A.D.2d 1037 (Chamberlain v. Town of Brighton) 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

Chamberlain v. Town of Brighton, 272 A.D.2d 1037 (N.Y. Ct. App. 1947).

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Opinion

Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: The complaint and the bill of particulars show that there was no compliance with section 215 of the Highway Law. It is immaterial whether the action was brought under subdivision 1 or 2 of such section 215. All concur; Dowling, J., not voting. (The order denies defendants’ motion for judgment on the pleading and to dismiss plaintiff’s complaint, in 'a negligence action.) Present — Dowling, Harris, McCurn, Larkin and Love, JJ.

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Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: The complaint and the bill of particulars show that there was no compliance with section 215 of the Highway Law. It is immaterial whether the action was brought under subdivision 1 or 2 of such section 215. All concur; Dowling, J., not voting. (The order denies defendants’ motion for judgment on the pleading and to dismiss plaintiff’s complaint, in 'a negligence action.) Present — Dowling, Harris, McCurn, Larkin and Love, JJ.

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Bluebook (online)

272 A.D.2d 1037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chamberlain-v-town-of-brighton-nyappdiv-1947.