Gotab v. Kelly

Appellate Division of the Supreme Court of New York

Gotab v. Kelly

6 A.D.2d 874, 177 N.Y.S.2d 567, 1958 N.Y. App. Div. LEXIS 5180

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

DecidedJuly 8, 1958

StatusPublished

This text of 6 A.D.2d 874 (Gotab v. Kelly) 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

Gotab v. Kelly, 6 A.D.2d 874, 177 N.Y.S.2d 567, 1958 N.Y. App. Div. LEXIS 5180 (N.Y. Ct. App. 1958).

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Opinion

[875]*875Proceeding to review a determination of respondent suspending the motor vehicle operator’s license of petitioner for 60 days for gross negligence in the operation of a motor vehicle (Vehicle and Traffic Law, § 71, suhd. 3, par. [e]). The proceeding has been transferred to this court pursuant to section 1296 of the Civil Practice Act. Determination annulled, without costs. In our opinion, as a matter of law, the proof adduced failed to establish that the accident was caused by petitioner’s gross negligence. Wenzel, Murphy and Kleinfeld, JJ., concur; Nolan, P. J., and Beldock, J., dissent and vote to confirm the determination.

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[875]*875Proceeding to review a determination of respondent suspending the motor vehicle operator’s license of petitioner for 60 days for gross negligence in the operation of a motor vehicle (Vehicle and Traffic Law, § 71, suhd. 3, par. [e]). The proceeding has been transferred to this court pursuant to section 1296 of the Civil Practice Act. Determination annulled, without costs. In our opinion, as a matter of law, the proof adduced failed to establish that the accident was caused by petitioner’s gross negligence. Wenzel, Murphy and Kleinfeld, JJ., concur; Nolan, P. J., and Beldock, J., dissent and vote to confirm the determination.

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Bluebook (online)

6 A.D.2d 874, 177 N.Y.S.2d 567, 1958 N.Y. App. Div. LEXIS 5180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gotab-v-kelly-nyappdiv-1958.