Legal Opinion

Libertella v. Maenza

New York Supreme Court

Decided August 24, 1959PublishedCited by 4 opinions

1Opinion of the CourtArthur D. Brennan, J.

This is a motion by the defendant, Town of Harrison, to dismiss the complaint for legal insufficiency.

While the complaint is inartistically drawn in some respects, this court construes the causes of action as seeking to recover damages for personal injuries and deaths which occurred as the result of an accident on November 16, 1957 when an automobile operated by the male defendant left the highway and struck a tree. Insofar as the town is concerned, this court construes the complaint as alleging that a police officer of said town *318observed that the aforesaid automobile, when- it stopped at a…

2Cases cited5 opinions

  1. H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
  2. Steitz v. City of BeaconNew York Court of Appeals · 1945
  3. Murrain v. Wilson Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
  4. Murrain v. Wilson Line, Inc.New York Court of Appeals · 1947
  5. Rocco v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953

3Cited by4 opinions

  1. Massengill v. Yuma CountyArizona Supreme Court · 1969
  2. Evers v. WesterbergAppellate Division of the Supreme Court of the State of New York · 1972
  3. Massengill v. Yuma CountyCourt of Appeals of Arizona · 1969
  4. Libertella v. MaenzaAppellate Division of the Supreme Court of the State of New York · 1962

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