Cosgrove v. Weierman

New York Supreme Court

Cosgrove v. Weierman

4 Misc. 2d 798, 162 N.Y.S.2d 432, 1956 N.Y. Misc. LEXIS 1543

DecidedOctober 1, 1956

StatusPublished

This text of 4 Misc. 2d 798 (Cosgrove v. Weierman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cosgrove v. Weierman, 4 Misc. 2d 798, 162 N.Y.S.2d 432, 1956 N.Y. Misc. LEXIS 1543 (N.Y. Super. Ct. 1956).

Pincite

Opinion

Edward G. Baker, J.

Motion denied. The accident having occurred in New Jersey, section 52 of the Vehicle and Traffic Law has no application. There is no authority, statutory or otherwise, for continuing this action in personam against decedent’s nonresident executrix. (McMaster v. Gould, 240 N. Y. 379; Bennett v. Harrisville Combing Mills, 204 Misc. 279.) In Leighton v. Roper (300 N. Y. 434), relied upon by plaintiff, the court was concerned with the question of the constitutionality of [799]*799chapter 719 of the Laws of 1945 amending section 52 of the Vehicle and Traffic Law. There is nothing in the court’s opinion in that case to support the argument that defendant’s appearance in this action was intended to and did bind his executrix as well as himself.

Free access — add to your briefcase to read the full text and ask questions with AI

Edward G. Baker, J.

Motion denied. The accident having occurred in New Jersey, section 52 of the Vehicle and Traffic Law has no application. There is no authority, statutory or otherwise, for continuing this action in personam against decedent’s nonresident executrix. (McMaster v. Gould, 240 N. Y. 379; Bennett v. Harrisville Combing Mills, 204 Misc. 279.) In Leighton v. Roper (300 N. Y. 434), relied upon by plaintiff, the court was concerned with the question of the constitutionality of [799]*799chapter 719 of the Laws of 1945 amending section 52 of the Vehicle and Traffic Law. There is nothing in the court’s opinion in that case to support the argument that defendant’s appearance in this action was intended to and did bind his executrix as well as himself.

Cite This Page — Counsel Stack

Bluebook (online)

4 Misc. 2d 798, 162 N.Y.S.2d 432, 1956 N.Y. Misc. LEXIS 1543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cosgrove-v-weierman-nysupct-1956.

Opinion

Related

Cite This Page — Counsel Stack