Weinberg v. Town of Hempstead

Appellate Division of the Supreme Court of New York

Weinberg v. Town of Hempstead

264 A.D. 738, 34 N.Y.S.2d 718, 1942 N.Y. App. Div. LEXIS 4445

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

DecidedApril 20, 1942

StatusPublished

This text of 264 A.D. 738 (Weinberg v. Town of Hempstead) 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

Weinberg v. Town of Hempstead, 264 A.D. 738, 34 N.Y.S.2d 718, 1942 N.Y. App. Div. LEXIS 4445 (N.Y. Ct. App. 1942).

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Opinion

Order denying the motion of the appellant to dismiss the complaint, in so far as appealed from, affirmed, with ten dollars costs and disbursements, with leave to appellant to answer within ten days from the entry of the order hereon. The appellant does not benefit from the provisions of section 215 of the Highway Law. The statute makes no reference to actions other than actions against the town. To support the appellant’s contention would require us to read into the statute a condition that does not expressly appear and may not be fairly implied. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.

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Order denying the motion of the appellant to dismiss the complaint, in so far as appealed from, affirmed, with ten dollars costs and disbursements, with leave to appellant to answer within ten days from the entry of the order hereon. The appellant does not benefit from the provisions of section 215 of the Highway Law. The statute makes no reference to actions other than actions against the town. To support the appellant’s contention would require us to read into the statute a condition that does not expressly appear and may not be fairly implied. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.

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Bluebook (online)

264 A.D. 738, 34 N.Y.S.2d 718, 1942 N.Y. App. Div. LEXIS 4445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weinberg-v-town-of-hempstead-nyappdiv-1942.