Manning v. New York Protestant Episcopal City Mission Society

Appellate Division of the Supreme Court of New York

Manning v. New York Protestant Episcopal City Mission Society

264 A.D. 709, 34 N.Y.S.2d 525, 1942 N.Y. App. Div. LEXIS 4252

Appellate Division of the Supreme Court of the State of New York·Decided April 10, 1942·Published

Opinion

Order denying motion to vacate service of summons reversed, with twenty dollars costs and disbursements, and said motion granted. Appeal from order denying motion for leave to renew dismissed. No opinion. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.; Dore, J., dissents and votes [710]*710to affirm the orders appealed from on the ground that the words “ public highway-in this state ” in section 52 of the Vehicle and Traffic Law, are (so far as relevant) defined by section 2, subdivision 2 (“ Definitions ”), of that law as follows: “ ‘ Public highway ’ shall include any * * * road * *

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Order denying motion to vacate service of summons reversed, with twenty dollars costs and disbursements, and said motion granted. Appeal from order denying motion for leave to renew dismissed. No opinion. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.; Dore, J., dissents and votes [710]*710to affirm the orders appealed from on the ground that the words “ public highway-in this state ” in section 52 of the Vehicle and Traffic Law, are (so far as relevant) defined by section 2, subdivision 2 (“ Definitions ”), of that law as follows: “ ‘ Public highway ’ shall include any * * * road * *

Manning v. New York Protestant Episcopal City Mission Society, 264 A.D. 709, 34 N.Y.S.2d 525, 1942 N.Y. App. Div. LEXIS 4252 (N.Y. Ct. App. 1942).

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