Smith v. Macduff

Appellate Division of the Supreme Court of New York

Smith v. Macduff

284 A.D. 966, 134 N.Y.S.2d 621, 1954 N.Y. App. Div. LEXIS 4258

Appellate Division of the Supreme Court of the State of New York·Decided November 1, 1954·Published

Opinion

A proceeding pursuant to article 78 of the Civil Practice Act, to review a determination of respondent suspending for thirty days petitioner’s license to operate a motor vehicle, has been transferred to this court pursuant to section 1296 of the Civil Practice Act. Determination annulled, with $10 costs and disbursements, The evidence is insufficient to establish gross negligence. (Matter of Sheridan v. Fletcher, 270 App. Div. 29; Metcalf V. Reynolds, 267 N. Y. 52; Mastruzzi v. Aloi, 269 N. Y. 637; Wylca v. Benedicks, 266 App. Div. 1025.) Nolan, P. J., Adel, Schmidt, Beldock and Murphy, JJ., concur.

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A proceeding pursuant to article 78 of the Civil Practice Act, to review a determination of respondent suspending for thirty days petitioner’s license to operate a motor vehicle, has been transferred to this court pursuant to section 1296 of the Civil Practice Act. Determination annulled, with $10 costs and disbursements, The evidence is insufficient to establish gross negligence. (Matter of Sheridan v. Fletcher, 270 App. Div. 29; Metcalf V. Reynolds, 267 N. Y. 52; Mastruzzi v. Aloi, 269 N. Y. 637; Wylca v. Benedicks, 266 App. Div. 1025.) Nolan, P. J., Adel, Schmidt, Beldock and Murphy, JJ., concur.

Smith v. Macduff, 284 A.D. 966, 134 N.Y.S.2d 621, 1954 N.Y. App. Div. LEXIS 4258 (N.Y. Ct. App. 1954).

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Opinion

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