Appellate Division of the Supreme Court of New York, 1934

Leone v. Castagna

Leone v. Castagna
Appellate Division of the Supreme Court of New York · Decided October 15, 1934
242 A.D. 781; 275 N.Y.S. 347
Leone v. Castagna

Opinion of the Court

Judgment and order in an action to recover damages for the death of plaintiff’s intestate by reason of negligence in the operation of a motor car affirmed, with costs. No opinion. Kapper, Hagarty, Seudder and Davis, JJ., concur; Lazansky, P. J., dissents and votes for reversal, with the following memorandum: The absence of official number plates from the automobile used by defendant Pallini’s employee negatives any implied authority for such use, even if such authority might be implied were the plates attached to the car — a very doubtful proposition.

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