New York Court of Appeals, 1966

Messineo v. City of Amsterdam

Messineo v. City of Amsterdam
New York Court of Appeals · Decided January 20, 1966
17 N.Y.2d 523; 215 N.E.2d 163; 267 N.Y.S.2d 905; 1966 N.Y. LEXIS 1618
Messineo v. City of Amsterdam

Cases that cite this one

14 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Fuld, ' Van Voorhis, Burke, Scileppi and Keating. Chief Judge Desmond and Judge Keating concur in the following memorandum: Affirmance here seems compelled under the rule of non-*525liability most recently applied by this court in Motyka v. City of Amsterdam (15 N Y 2d 134) and Henry v. City of New York (15 N Y 2d 726) and which rule the court now declines to change. However, we again call attention, as in the dissent in Motyka (supra, p. 140), to the injustice of the rule and its incongruity under modern conditions. Taking no part: Judge Bergan.

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