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Messineo v. City of Amsterdam

215 N.E.2d 163, 17 N.Y.2d 523, 267 N.Y.S.2d 905, 1966 N.Y. LEXIS 1618
CourtNew York Court of Appeals
DecidedJanuary 20, 1966
StatusPublished
Cited by16 cases

This text of 215 N.E.2d 163 (Messineo v. City of Amsterdam) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Messineo v. City of Amsterdam, 215 N.E.2d 163, 17 N.Y.2d 523, 267 N.Y.S.2d 905, 1966 N.Y. LEXIS 1618 (N.Y. 1966).

Opinion

Order affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Fuld, ' Van Voorhis, Burke, Scileppi and Keating. Chief Judge Desmond and Judge Keating concur in the following memorandum: Affirmance here seems compelled under the rule of non-[525]*525liability most recently applied by this court in Motyka v. City of Amsterdam (15 N Y 2d 134) and Henry v. City of New York (15 N Y 2d 726) and which rule the court now declines to change. However, we again call attention, as in the dissent in Motyka (supra, p. 140), to the injustice of the rule and its incongruity under modern conditions. Taking no part: Judge Bergan.

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Bluebook (online)
215 N.E.2d 163, 17 N.Y.2d 523, 267 N.Y.S.2d 905, 1966 N.Y. LEXIS 1618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/messineo-v-city-of-amsterdam-ny-1966.