Appellate Terms of the Supreme Court of New York, 1951

Balterman v. Flores

Appellate Terms of the Supreme Court of New York · Decided March 30, 1951

199 Misc. 830; 103 N.Y.S.2d 815; 1951 N.Y. Misc. LEXIS 1679

Counsel

Harry Balterman, appellant in person., No appearance for respondents.

Opinion of the Court

Per Curiam.

The failure to carry a driver’s license by a licensed driver at the time of the happening* of an accident does not constitute contributory negligence as a matter of law.

The judgment should be reversed and new trial ordered, with $10 costs to appellant to abide the event.

Hofstadtbr, Schreiber and Hecht, JJ., concur.

Judgment reversed, etc.

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