MATTER OF TORMEY v. KELLY


6 A.D.2d 798 (1958)

In the Matter of Clement J. Tormey, Petitioner, v. Joseph P. Kelly, 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.

June 2, 1958


Determination annulled, with $10 costs and disbursements.

In our opinion, the evidence adduced did not meet the standard required for a finding of gross negligence. While there is evidence of ordinary negligence, we find no substantial evidence that petitioner operated his motor vehicle in such manner as to constitute a disregard of the consequences or indifference to the rights of others, as required by...

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