Legal Opinion
Herzog v. Stern
New York Supreme Court
Decided June 13, 1933PublishedCited by 4 opinions
1Opinion of the CourtHammer, J.
Plaintiff asserts he received personal injuries in an automobile accident in the State of Virginia, due to the negligence of defendants’ testator, and now, in the State of New York, of which the parties were residents, brings this action to recover damages.
Such an action is maintainable in the State of Virginia, but in New York is abated by the death of the alleged wrongdoer which it does not survive. The motion is to dismiss the complaint upon the ground that this action will not lie in that it is contrary to the settled public policy of the State of New York.
Two decisions in the Appellate…
2Cases cited12 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
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3Cited by4 opinions
- Parsons v. American Trust & Banking Co.Tennessee Supreme Court · 1934
- Herzog v. SternAppellate Division of the Supreme Court of the State of New York · 1933
- Taynton v. VollmerNew York Supreme Court · 1934
- In re the Estate of FortunoffNew York Surrogate's Court · 1938