DUGGAN v. DEPT. OF MOTOR VEHICLES


31 A.D.2d 108 (1968)

In the Matter of Robert W. Duggan, Petitioner, v. Department of Motor Vehicles of the State of New York, Respondent

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

December 12, 1968.


Attorney(s) appearing for the Case

Robert Devine of counsel (O'Leary & O'Leary, attorneys), for petitioner.

Thomas Riccobono of counsel (Samuel A. Hirshowitz with him on the brief; Louis J. Lefkowitz, Attorney-General), for respondent.

EAGER, J. P., and CAPOZZOLI, J., concur with TILZER, J.; RABIN, J., dissents in opinion in which STEUER, J., concurs.


TILZER, J.

We agree with petitioner that evidence of a "mere rear end collision" between his car and the vehicle directly in front of him, where the forward vehicle was traveling at 30 miles per hour on a four-lane highway, would be insufficient to support a finding of gross negligence so as to warrant the suspension of his driver's license. But on the additional evidence before the Referee as to the circumstances...

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