Noonan v. Hults

Appellate Division of the Supreme Court of New York

Noonan v. Hults

16 A.D.2d 1028, 230 N.Y.S.2d 96, 1962 N.Y. App. Div. LEXIS 8882

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

DecidedJune 27, 1962

StatusPublished

This text of 16 A.D.2d 1028 (Noonan v. Hults) 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

Noonan v. Hults, 16 A.D.2d 1028, 230 N.Y.S.2d 96, 1962 N.Y. App. Div. LEXIS 8882 (N.Y. Ct. App. 1962).

Pincite

Opinion

Determination unanimously annulled, with $50 costs and disbursements and respondent directed to restore petitioner’s license. Memorandum: Petitioner’s driver’s license was suspended for 30 days following a hearing pursuant to section 510 (subd. 3, par. [e]) of the Vehicle and Traffic Law because of gross negligence in the operation of his automobile. While there is proof in the record upon which a finding of ordinary negligence might possibly be based, we find no substantial evidence that petitioner was guilty of gross negligence in the operation of his vehicle. (Review of determination of respondent suspending petitioner’s driver’s license for 30 days, transferred by order of Erie Special Term.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.

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Determination unanimously annulled, with $50 costs and disbursements and respondent directed to restore petitioner’s license. Memorandum: Petitioner’s driver’s license was suspended for 30 days following a hearing pursuant to section 510 (subd. 3, par. [e]) of the Vehicle and Traffic Law because of gross negligence in the operation of his automobile. While there is proof in the record upon which a finding of ordinary negligence might possibly be based, we find no substantial evidence that petitioner was guilty of gross negligence in the operation of his vehicle. (Review of determination of respondent suspending petitioner’s driver’s license for 30 days, transferred by order of Erie Special Term.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.

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Bluebook (online)

16 A.D.2d 1028, 230 N.Y.S.2d 96, 1962 N.Y. App. Div. LEXIS 8882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noonan-v-hults-nyappdiv-1962.