Restaino v. City of New York

Appellate Terms of the Supreme Court of New York

Restaino v. City of New York

185 Misc. 1027, 60 N.Y.S.2d 617, 1945 N.Y. Misc. LEXIS 2696

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 20, 1945

StatusPublished

This text of 185 Misc. 1027 (Restaino v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Restaino v. City of New York, 185 Misc. 1027, 60 N.Y.S.2d 617, 1945 N.Y. Misc. LEXIS 2696 (N.Y. Ct. App. 1945).

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Opinion

Memorandum Per Curiam.

The Municipal Civil Service Commission- is not the agent of the City of New York when it conducts examinations or investigates candidates. (Slavin v. McGuire, 205 N. Y. 84, 87.) Moreover, in the exercise of reasonable care, the commission and the city could act on the presumption that the applicant was sane. (Jones v. Jones, 137 N. Y. 610.) Nothing at the time of the application or at the time of examination justified a finding that there was any reason for the commission or the city not to act on that presumption. Reasonable conduct did not require more than was done here. (Cf. Castorina v. Rosen, 290 N. Y. 445.) No prior experience of the commission or city which should have dictated further inquiry appears in this record.

The judgment should be unanimously reversed on the law, with costs to defendant, and complaint dismissed.

MacCrate, Smith and Steinbrink, JJ., concur.

Judgment reversed, etc.

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Memorandum Per Curiam.

The Municipal Civil Service Commission- is not the agent of the City of New York when it conducts examinations or investigates candidates. (Slavin v. McGuire, 205 N. Y. 84, 87.) Moreover, in the exercise of reasonable care, the commission and the city could act on the presumption that the applicant was sane. (Jones v. Jones, 137 N. Y. 610.) Nothing at the time of the application or at the time of examination justified a finding that there was any reason for the commission or the city not to act on that presumption. Reasonable conduct did not require more than was done here. (Cf. Castorina v. Rosen, 290 N. Y. 445.) No prior experience of the commission or city which should have dictated further inquiry appears in this record.

The judgment should be unanimously reversed on the law, with costs to defendant, and complaint dismissed.

MacCrate, Smith and Steinbrink, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

185 Misc. 1027, 60 N.Y.S.2d 617, 1945 N.Y. Misc. LEXIS 2696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/restaino-v-city-of-new-york-nyappterm-1945.

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