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Pincus v. Hults

11 N.Y.2d 709 Court N.Y. Decision date 1962-01-25 English

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p. 709
In the Matter of Edward K. Pincus, Respondent, v. William S. Hults, as Commissioner of Motor Vehicles of the State of New York, Appellant.
Argued January 11, 1962;
decided January 25, 1962.
p. 710
Louis J. Lefkowitz, Attorney-General (Paxton Blair of counsel), for appellant.
Solomon Z. Ferziger and Bernard Meyerson for respondent.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voobhis, Burke and Foster. Judge Froessel dissents and votes to affirm in the following memorandum: I agree with the Appellate Division that upon this record there is no substantial evidence that respondent was operating his automobile “in a manner showing a reckless disregard for life or property of others”, a necessary basis for a finding of gross negligence (Vehicle and Traffic Law, former § 71, subd. 3, par. [e]).