Appellate Division of the Supreme Court of New York, 1936

People v. Roschli

Appellate Division of the Supreme Court of New York · Decided November 27, 1936

249 A.D. 117; 291 N.Y.S. 473; 1936 N.Y. App. Div. LEXIS 5048

Counsel

Howard L. Kuttner, for the appellant., Sol. Boneparth of counsel [Herman J. Fliederblum with him on the brief; Samuel J. Foley, District Attorney, Bronx County], for the respondent.

Opinion of the Court

Per Curiam.

We decide that the acts charged against the defendant and upon which the prosecution is based do not amount to engaging in the business of insurance as that term is understood and defined in law. A violation of section 54 of the Insurance Law, therefore, was not shown.

It follows that the judgment should be reversed, the information dismissed, and the fine remitted.

Present — Martin, P. J., McAvoy, O’Malley, Townley and Dore, JJ.

Judgment unanimously reversed, the information dismissed, and the fine remitted.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.