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MATTER OF ALMGREN v. FLETCHER

304 N.Y. 547 (1953)

In the Matter of Walter Almgren, Appellant, v. Clifford J. Fletcher, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided January 15, 1953

Attorney(s) appearing for the Case

Benjamin Goldring and Herman Pike for appellant.

Nathaniel L. Goldstein, Attorney-General (Abe Wagman, Wendell P. Brown and Irving L. Rollins of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Per Curiam.

Giving the evidence in this record the consideration to which it is fairly entitled, we deem it insufficient, as a matter of law, to support the finding that petitioner was guilty of "gross negligence" in the operation of his motor vehicle, or that he operated it "in a manner showing a reckless disregard for life or property of others" within the meaning of paragraph (e) of subdivision 3 of section 71 of...

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