264 A.D. 890, In re Wyka

Citation264 A.D. 890, 36 N.Y.S.2d 244
Party NameLOTTIE WYKA, as Administratrix, etc., of WLADYSLAW WYKA, Deceased, Appellant, v. L. A.D. MOTORS CORPORATION, Respondent, and Another, Defendant.
Case DateJune 22, 1942
CourtNew York Supreme Court Appelate Division, Second Department

Page 890

264 A.D. 890

36 N.Y.S.2d 244

LOTTIE WYKA, as Administratrix, etc., of WLADYSLAW WYKA, Deceased, Appellant,

v.

L. A.D. MOTORS CORPORATION, Respondent, and Another, Defendant.

Supreme Court of New York, Second Department.

June 22, 1942

Action to recover damages for the wrongful death of plaintiff's intestate, who was struck and killed by an automobile operated by defendant Benedicks. To

Page 891

the automobile were attached dealer's license plates belonging to respondent, the employer of Benedicks. The proof adduced on behalf of respondent was that Benedicks had stolen its license plates the day prior to the accident. Judgment dismissing the complaint as against respondent, in so far as appealed from, unanimously affirmed, with costs. No opinion. Appeal from order granting motion to set aside the verdict of the jury in favor of the plaintiff and against the respondent...

To continue reading

Request your trial
7 practice notes
  • 307 N.Y. 56, Switzer v. Aldrich
    • United States
    • New York New York Court of Appeals
    • May 20, 1954
    ...as against defendant Stiker. (Reese v. Reamore, 292 N.Y. 292; Rathfelder v. Flag, 257 A.D. 71, 282 N.Y. 563; Wyka v. L. A.D. Motors Corp., 264 A.D. 890, 289 N.Y. 856; Le Roy v. Tremper, 267 A.D. 387, 292 N.Y. 646.) FROESSEL, J. Early in the morning of November 24, 1950, on Route 17 between ......
  • 35 A.D.2d 351, Carlson v. Travelers Ins. Co.
    • United States
    • New York New York Supreme Court Appelate Division Second Department
    • December 14, 1970
    ...became operative in the event of death by accidental means. This court had a similar problem in Udisky v. Metropolitan Life Ins. Co., 264 A.D. 890, 35 N.Y.S.2d 1021, in which the assured had died as the result of an attempted escape from a jail in Connecticut. Again, the dispute involved on......
  • 267 A.D. 387, Le Roy v. Tremper
    • United States
    • New York New York Supreme Court Appelate Division Second Department
    • January 31, 1944
    ...71, affd. 282 N.Y. 563; Buono v. Stewart Motor Trucks, Inc., 263 A.D. 969; Reese v. Reamore, 265 A.D. 459; Wyka v. L. A.D. Motors Corp., 264 A.D. 890.) The case against defendant Harold Barton is not affected by the judgment from which this appeal is taken. The judgment should be affirmed, ......
  • 139 F.Supp. 769 (W.D.Ky. 1956), Civ. A. 2996, Tarrance v. John Hancock Mut. Life Ins. Co.
    • United States
    • Federal Cases United States District Courts 6th Circuit Western District of Kentucky
    • April 12, 1956
    ...Prudential Insurance Co., 256 A.D. 884, 9 N.Y.S.2d 27, affirmed 281 N.Y. 623, 22 N.E.2d 177 and Udisky v. Metropolitan Life Insurance Co., 264 A.D. 890, 35 N.Y.S.2d Plaintiff relies upon the case of Prudential Insurance Co. of America v. Goldstein, D.C., 42 F.Supp. 765, 767. In the Goldstei......
  • Request a trial to view additional results
7 cases
  • 307 N.Y. 56, Switzer v. Aldrich
    • United States
    • New York New York Court of Appeals
    • May 20, 1954
    ...as against defendant Stiker. (Reese v. Reamore, 292 N.Y. 292; Rathfelder v. Flag, 257 A.D. 71, 282 N.Y. 563; Wyka v. L. A.D. Motors Corp., 264 A.D. 890, 289 N.Y. 856; Le Roy v. Tremper, 267 A.D. 387, 292 N.Y. 646.) FROESSEL, J. Early in the morning of November 24, 1950, on Route 17 between ......
  • 35 A.D.2d 351, Carlson v. Travelers Ins. Co.
    • United States
    • New York New York Supreme Court Appelate Division Second Department
    • December 14, 1970
    ...became operative in the event of death by accidental means. This court had a similar problem in Udisky v. Metropolitan Life Ins. Co., 264 A.D. 890, 35 N.Y.S.2d 1021, in which the assured had died as the result of an attempted escape from a jail in Connecticut. Again, the dispute involved on......
  • 267 A.D. 387, Le Roy v. Tremper
    • United States
    • New York New York Supreme Court Appelate Division Second Department
    • January 31, 1944
    ...71, affd. 282 N.Y. 563; Buono v. Stewart Motor Trucks, Inc., 263 A.D. 969; Reese v. Reamore, 265 A.D. 459; Wyka v. L. A.D. Motors Corp., 264 A.D. 890.) The case against defendant Harold Barton is not affected by the judgment from which this appeal is taken. The judgment should be affirmed, ......
  • 139 F.Supp. 769 (W.D.Ky. 1956), Civ. A. 2996, Tarrance v. John Hancock Mut. Life Ins. Co.
    • United States
    • Federal Cases United States District Courts 6th Circuit Western District of Kentucky
    • April 12, 1956
    ...Prudential Insurance Co., 256 A.D. 884, 9 N.Y.S.2d 27, affirmed 281 N.Y. 623, 22 N.E.2d 177 and Udisky v. Metropolitan Life Insurance Co., 264 A.D. 890, 35 N.Y.S.2d Plaintiff relies upon the case of Prudential Insurance Co. of America v. Goldstein, D.C., 42 F.Supp. 765, 767. In the Goldstei......
  • Request a trial to view additional results