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MATTER OF HINDS-TOOMEY AUTO CORP. v. COMM'R OF MOTOR VEHICLES OF THE STATE OF NEW YORK

31 A.D.2d 928 (1969)

In the Matter of Hinds-Toomey Auto Corp., Petitioner, v. 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.

March 3, 1969

Determination confirmed and proceeding dismissed, without costs.

Petitioner, admittedly not franchised to sell new motor vehicles, maintained signs on its premises reading "USED CADILLACS NEW". Its license was suspended on a finding that such signs violated subdivision (c) of section 78.26 of respondent's regulations (15 NYCRR 78.26 [c]), which prohibited as misleading advertising the "maintenance or erection of signs which would tend to indicate that the premises...

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