Libertella v. Maenza, 16 A.D.2d 831 (N.Y. App. Div. 1962). · Go Syfert
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Libertella v. Maenza, 16 A.D.2d 831 (N.Y. App. Div. 1962). Cases Citing This Book View Copy Cite
13 citation events across 7 distinct courts.
Strongest positive: Alva Cape v. City of New York (ca2, 1969-01-07)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" Alva Cape v. City of New York
2d Cir. · 1969 · signal: see · confidence high
See Matlock v. New Hyde Park Fire District, 16 A.D.2d 831, 832 , 228 N.Y.S.2d 894, 895-896 (2d Dept. 1962) (majority opinion and Hopkins, J., concurring). 23 While it is true that the Fire Commissioner's order involved the exercise of his discretion and expertise, this alone does not render the City immune from liability if the order was negligently issued.
cited Cited "see" Alva Steamship Co. v. City of New York
2d Cir. · 1969 · signal: see · confidence high
See Matlock v. New Hyde Park Fire District, 16 A.D.2d 831, 832 , 228 N.Y.S.2d 894, 895-896 (2d Dept. 1962) (majority opinion and Hopkins, J., concurring).
Retrieving the full opinion text from the archive…
Joseph Libertella, Individually and as Administrator of the Estate of Grace Libertella, Guardian ad Litem of Diane Libertella, an Infant
v.
Carmen Maenza, and the Town of Harrison
Appellate Division of the Supreme Court of the State of New York.
May 28, 1962.
16 A.D.2d 831
Cited by 3 opinions  |  Published

In a negligence action against the Town of Harrison and against the owner and operator of a motor vehicle to recover damages for personal injuries and death resulting from the crash of an overcrowded open-convertible automobile into a tree, the plaintiffs appeal from an order of the Supreme Court, Westchester County, dated September 3, 1959, which granted the motion of the defendant Town of Harrison, pursuant to rule 106 of the Rules of Civil Practice, to dismiss the complaint as to the town on the ground that the complaint does not state facts sufficient to constitute a cause of action against it. With respect to the town, the complaint alleged that, prior to the crash of this open-convertible automobile into the tree, one of the town police officers while on duty had observed the overcrowding therein with 15 passengers when the automobile had stopped (at a traffic light) in full view of such police officer, and that he negligently failed to apprehend the operator for overcrowding the vehicle in violation of statute (Vehicle and Traffic Law, § 1213, formerly § 81, subd. 15). Order affirmed, with $10 costs and disbursements. No opinion. Beldock, P. J., Ughetta, ICleinfeld, Christ and Hill, JJ., concur. [21 Misc 2d 317.]