Green v. City of New York

Full title: ERNESTINE GREEN, Appellant, v. CITY OF NEW YORK, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Dec 8, 1939

173 Misc. 1 (N.Y. App. Term 1939)

16 N.Y.S.2d 836

Opinion

December 8, 1939.

Appeal from the City Court of the City of New York, County of New York.

Irwin Isaacs, for the appellant.

William C. Chanler, Corporation Counsel [ Paxton Blair and Charles E. Ramsgate of counsel], for the respondent.

PER CURIAM.

Under section 50-c Gen. Mun. of the General Municipal Law ownership by the city of the automobile involved in the accident is not a condition precedent to the imposition of liability if the police officer was operating the car in the discharge of his duties and within the scope of his employment. The evidence clearly indicates that the police officer was operating the car at the time of the accident and was acting within the scope of his employment. The jury was justified in rejecting his testimony as inherently improbable and contrary to the physical facts.

Judgment and order reversed, with costs, and verdict reinstated.

SHIENTAG and NOONAN, JJ., concur.

HAMMER, J.

I concur in the result but not that the testimony is inherently improbable, etc. Operation occurred when the car was moved through the exertion of physical or mechanical power whether willful or accidental.