Messineo v. City of Amsterdam

Full title: ALFONSO F. MESSINEO, Appellant, v. CITY OF AMSTERDAM, Respondent

Court: Court of Appeals of the State of New York

Date published: Jan 20, 1966

17 N.Y.2d 523 (N.Y. 1966)

267 N.Y.S.2d 905

215 N.E.2d 163

Opinion

Argued January 6, 1966

Decided January 20, 1966

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, WILLARD L. BEST, J.

Frances R. Silverman for appellant.

Charles Ward Brown for respondent.

Order affirmed, without costs; no opinion.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and KEATING. Chief Judge DESMOND and Judge KEATING concur in the following memorandum: Affirmance here seems compelled under the rule of non-liability most recently applied by this court in Motyka v. City of Amsterdam ( 15 N.Y.2d 134) and Henry v. City of New York ( 15 N.Y.2d 726) and which rule the court now declines to change. However, we again call attention, as in the dissent in Motyka ( supra, p. 140), to the injustice of the rule and its incongruity under modern conditions. Taking no part: Judge BERGAN.