1. Home
  2. Browse Decisions
  3. A.D.
  4. 280 A.D.
  5. 280 A.D. 953 (1952)
 

MATTER OF NOVESKY v. MACDUFF

280 A.D. 953 (1952)

In the Matter of John Novesky, Petitioner, v. James R. Macduff, as Commissioner of Motor Vehicles of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 27, 1952.

Determination annulled on the law and the facts, without costs.

The only evidence of the cause of the accident was that petitioner momentarily closed his eyes. There is no proof that he knew or should have known that he was about to become drowsy. Under the circumstances, a finding of gross negligence or reckless disregard for life and property of others was not justified. (Matter of Jenson v. Fletcher, 277 App. Div. 454, affd. 303 N.Y. 639<...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases