Opinion
Argued January 11, 1962
Decided January 25, 1962
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Louis J. Lefkowitz, Attorney-General ( Paxton Blair of counsel), for appellant.
Solomon Z. Ferziger and Bernard Meyerson for respondent.
Order reversed and determination of the Commissioner of Motor Vehicles reinstated, upon the ground that there is substantial evidence to support the Commissioner's finding of gross negligence in the operation of a motor vehicle. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER. Judge FROESSEL dissents and votes to affirm in the following memorandum: I agree with the Appellate Division that upon this record there is no substantial evidence that respondent was operating his automobile "in a manner showing a reckless disregard for life or property of others", a necessary basis for a finding of gross negligence (Vehicle and Traffic Law, former § 71, subd. 3, par. [e]).