Conigliaro v. Mills

Appellate Division of the Supreme Court of New York

Conigliaro v. Mills

261 A.D. 839, 24 N.Y.S.2d 898, 1941 N.Y. App. Div. LEXIS 7710

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

DecidedJanuary 27, 1941

StatusPublished

Cited by3 cases

This text of 261 A.D. 839 (Conigliaro v. Mills) 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

Conigliaro v. Mills, 261 A.D. 839, 24 N.Y.S.2d 898, 1941 N.Y. App. Div. LEXIS 7710 (N.Y. Ct. App. 1941).

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Opinion

Action to recover for personal injuries sustained by plaintiff, who was in collision with an automobile owned and operated by the defendant Mills, an employee of the appellant. Order of the Appellate Term, affirming a judgment of the City Court, Kings County, in favor of plaintiff, and the judgment of the City Court, reversed on the law and the complaint dismissed, with costs to appellant in all courts. A verdict should have been directed in appellant’s favor. The use of the automobile was in furtherance of appellant’s business, but without its consent, and at a time when appellant had provided adequate means of transportation for the employee’s use, and there was no reason for the failure of the employee to avail himself of those facilities. In these particulars, the case of Johnson v. Great Atlantic & Pacific Tea Co. (245 App. Div. 764) is distinguishable. Lazansky, P. J., CarsweE, Johnston, Adel and Close, JJ., concur.

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Action to recover for personal injuries sustained by plaintiff, who was in collision with an automobile owned and operated by the defendant Mills, an employee of the appellant. Order of the Appellate Term, affirming a judgment of the City Court, Kings County, in favor of plaintiff, and the judgment of the City Court, reversed on the law and the complaint dismissed, with costs to appellant in all courts. A verdict should have been directed in appellant’s favor. The use of the automobile was in furtherance of appellant’s business, but without its consent, and at a time when appellant had provided adequate means of transportation for the employee’s use, and there was no reason for the failure of the employee to avail himself of those facilities. In these particulars, the case of Johnson v. Great Atlantic & Pacific Tea Co. (245 App. Div. 764) is distinguishable. Lazansky, P. J., CarsweE, Johnston, Adel and Close, JJ., concur.

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Bluebook (online)

261 A.D. 839, 24 N.Y.S.2d 898, 1941 N.Y. App. Div. LEXIS 7710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conigliaro-v-mills-nyappdiv-1941.

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