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305 N.Y. 367

Hernigle v. Macduff

New York Court of Appeals

Decided June 4, 1953

New York Court of Appeals · decided 1953-06-04

Relies on Matter of Brosowski v. American Airlines, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1953-06-04

How this case has been cited

Cited by 4 later decisions — most recently January 1990

4 state decisions

2019531960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1Upon this record it may be properly concluded that the accident which occurred when respondent’s automobile veered to the wrong side of the road was causally related to respondent’s drowsy condition and that, sufficiently in advance of the accident to stop, respondent realized that he was in a state of drowsiness or in danger of dozing. That, we think, is a sufficient basis for an administrative determination that respondent had operated his automobile “ in a manner showing a reckless disregard for life or property of others .” (Vehicle and Traffic Law, § 71, subd. 3, par. [e]; Matter of Cohn v. Fletcher, 297 N. Y. 851.) The order of the Appellate Division should be reversed and the determination of the Commissioner of Motor Vehicles reinstated, with costs in this court and in the Appellate Division.

¶2Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.

¶3Order reversed, etc.

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