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

Appellate Division of the Supreme Court of the State of New York·Decided April 20, 1942·Published

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.

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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264 A.D. 738 (Weinberg v. Town of Hempstead) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.