MATTER OF WEISINGER v. MACDUFF


285 A.D. 607 (1955)

In the Matter of Richard Weisinger, Petitioner, v. James R. Macduff, as Commissioner of Motor Vehicles, Respondent

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

April 12, 1955.


Attorney(s) appearing for the Case

Joseph Heller for petitioner.

Philip Watson of counsel (Henry S. Manley and Samuel A. Hirshowitz with him on the brief; Jacob K. Javits, Attorney-General, attorney), for respondent.

PECK, P. J., BREITEL, BASTOW and BOTEIN, JJ., concur.


COHN, J.

In the early hours of the morning of March 20, 1954, petitioner was operating his automobile in a northerly direction on the Westside Highway in the city of New York, between 37th and 40th Streets, intending to leave the highway by the 57th-Street exit. A stanchion to the right of the center separates the two parts of the roadway at about 40th Street. To the left of the stanchion, a portion of the northbound...

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