MATTER OF PINCUS v. HULTS


11 N.Y.2d 709 (1962)

In the Matter of Edward K. Pincus, Respondent, v. William S. Hults, as Commissioner of Motor Vehicles of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided January 25, 1962.


Attorney(s) appearing for the Case

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 VOORHIS, BURKE and FOSTER. Dissent: Judge FROESSEL.


Order reversed and determination of the Commissioner of Motor Vehicles reinstated, upon the ground that there is substantial evidence to support the Commissioner's finding of gross negligence in the operation of a motor vehicle. No opinion.

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...

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