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MATTER OF LEOPOLD v. TOFANY

68 Misc.2d 3 (1971)

In the Matter of Robert Leopold, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Special Term, New York County.

October 5, 1971

Attorney(s) appearing for the Case

Rapaport Brothers for petitioner. Louis J. Lefkowitz, Attorney-General (Mortimer Sattler of counsel), for respondent.

ABRAHAM J. GELLINOFF, J.

On the night of November 15, 1970 there was an accident involving the automobile operated by petitioner Robert Leopold, and the personal automobile of Patrolman Kalman Ungar, who was then off-duty. A conversation ensued — the substance of which is differently recalled by the principals — after which Ungar placed Leopold under arrest on a charge of driving while intoxicated...

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