Opinion · Nylaw New York

LEONE v. CASTAGNA, 242 App. Div. 781 (1934)

PASQUALE LEONE, as Adm’r, Adm’x, etc., of FILOMENA LEONE, Deceased,Respondent, v. GIUSEPPE CASTAGNA, Defendant, & ANTHONY PALLINI andAnother, Appellants., 242 A.D. 781 (Appellate Division of the Supreme Court of New York, Second Department. 1934)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1934-01-01
Topic: general

LEONE v. CASTAGNA, 242 App. Div. 781 (1934) PASQUALE LEONE, as Administrator, etc., of FILOMENA LEONE, Deceased,Respondent, v. GIUSEPPE CASTAGNA, Defendant, and ANTHONY PALLINI andAnother, Appellants.Appellate Division of the Supreme Court of New York, Second Department. October, 1934.

Citator

UpLaw has not yet analyzed LEONE v. CASTAGNA, 242 App. Div. 781 (1934). The absence of a flag is not a finding that it is good law.

LEONE v. CASTAGNA,242 App. Div. 781(1934)

PASQUALE LEONE, as Administrator, etc., of FILOMENA LEONE, Deceased,

Respondent, v. GIUSEPPE CASTAGNA, Defendant, and ANTHONY PALLINI and

Another, Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

October, 1934.

Page 782

Judgment and order in an action to recover damages for the death of plaintiff's intestate by reason of negligence in the operation of a motor car affirmed, with costs. No opinion.

Kapper, Hagarty, Scudder and Davis, JJ., concur; Lazansky, P.J., dissents and votes for reversal, with the following memorandum:

The absence of official number plates from the automobile used by defendant Pallini's employee negatives any implied authority for such use, even if such authority might be implied were the plates attached to the car — a very doubtful proposition.