People v. De Rosa

New York Supreme Court

People v. De Rosa

20 Misc. 2d 631, 198 N.Y.S.2d 358, 1959 N.Y. Misc. LEXIS 2450

DecidedDecember 9, 1959

StatusPublished

This text of 20 Misc. 2d 631 (People v. De Rosa) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. De Rosa, 20 Misc. 2d 631, 198 N.Y.S.2d 358, 1959 N.Y. Misc. LEXIS 2450 (N.Y. Super. Ct. 1959).

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Opinion

Harry E. Schirick, J.

Plaintiff has moved for summary judgment. Defendant has made a cross motion for similar relief and also to change the place of trial. The action is brought to recover statutory penalties for violation of the provisions of the Public Service Law which prohibit operations as a contract carrier of passengers by motor vehicle without a permit and for violation of the safety regulations promulgated by the Public Service Commission.

The motion papers establish conclusively that the defendant is engaged in the transportation of passengers by motor vehicle as a regular occupation. This excludes her from the exception [632]*632stated in section 2 (subd. 32, par. [e]) of the Public Service Law, and a certificate of authority is required (Matter of Recreation Lines v. Public Serv. Comm., 7 A D 2d 20).

Plaintiff’s motion is granted. Defendant’s motions are denied.

Submit order. -

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Harry E. Schirick, J.

Plaintiff has moved for summary judgment. Defendant has made a cross motion for similar relief and also to change the place of trial. The action is brought to recover statutory penalties for violation of the provisions of the Public Service Law which prohibit operations as a contract carrier of passengers by motor vehicle without a permit and for violation of the safety regulations promulgated by the Public Service Commission.

The motion papers establish conclusively that the defendant is engaged in the transportation of passengers by motor vehicle as a regular occupation. This excludes her from the exception [632]*632stated in section 2 (subd. 32, par. [e]) of the Public Service Law, and a certificate of authority is required (Matter of Recreation Lines v. Public Serv. Comm., 7 A D 2d 20).

Plaintiff’s motion is granted. Defendant’s motions are denied.

Submit order. -

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Bluebook (online)

20 Misc. 2d 631, 198 N.Y.S.2d 358, 1959 N.Y. Misc. LEXIS 2450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-rosa-nysupct-1959.