Link v. Tofany

Appellate Division of the Supreme Court of New York

Link v. Tofany

29 A.D.2d 948, 290 N.Y.S.2d 550, 1968 N.Y. App. Div. LEXIS 4333

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

DecidedApril 1, 1968

StatusPublished

This text of 29 A.D.2d 948 (Link v. Tofany) 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

Link v. Tofany, 29 A.D.2d 948, 290 N.Y.S.2d 550, 1968 N.Y. App. Div. LEXIS 4333 (N.Y. Ct. App. 1968).

Pincite

Opinion

Determination of the Commissioner of Motor Vehicles confirmed and proceeding dismissed on .the merits, with costs. No opinion. Beldoek, P. J., Christ and Martuscello, JJ., concur; Munder, J., dissents and votes to annul the determination, with the following memorandum, in which Benjamin, J., concurs: I dissent. I think the Commissioner’s determination, imposing a 30-day suspension on a 67-year-old licensee who had had a prior unblemished record, was based on insubstantial evidence. I think the skid and overturning of the mail truck as it ran into the right side of petitioner’s car when petitioner was more than half way through the intersection bespeak speeding on the part of the mail truck driver rather than by petitioner. The hearsay testimony of the police officer who did not witness the accident, particularly as to what a young boy said he saw, should have been disregarded.

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Determination of the Commissioner of Motor Vehicles confirmed and proceeding dismissed on .the merits, with costs. No opinion. Beldoek, P. J., Christ and Martuscello, JJ., concur; Munder, J., dissents and votes to annul the determination, with the following memorandum, in which Benjamin, J., concurs: I dissent. I think the Commissioner’s determination, imposing a 30-day suspension on a 67-year-old licensee who had had a prior unblemished record, was based on insubstantial evidence. I think the skid and overturning of the mail truck as it ran into the right side of petitioner’s car when petitioner was more than half way through the intersection bespeak speeding on the part of the mail truck driver rather than by petitioner. The hearsay testimony of the police officer who did not witness the accident, particularly as to what a young boy said he saw, should have been disregarded.

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Bluebook (online)

29 A.D.2d 948, 290 N.Y.S.2d 550, 1968 N.Y. App. Div. LEXIS 4333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/link-v-tofany-nyappdiv-1968.