Daas v. Pearson

Decision Date04 October 1971
PartiesJames DAAS et al., Respondents, v. Randolph PEARSON, Defendant, and Edgar Williams et al., Appellants.
CourtNew York Supreme Court — Appellate Division

Russo & Sapio, Mineola, for respondents; Frank J. Russo, Mineola, of counsel.

Reid, Devlin, Grubbs & Moore, New York City, for appellants; Joseph D. Ahearn, New York City, of counsel.

Order of the Supreme Court, Kings County, dated March 5, 1971, affirmed, with $10 costs and disbursements. No opinion. 66 Misc.2d 95, 319 N.Y.S.2d 537. The time within which appellants may answer the complaint is extended until 20 days after entry of the order hereon.

SAMUEL RABIN, P.J., and HOPKINS, MUNDER, LATHAM and CHRIST, JJ., concur.

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11 cases
  • Risenhoover v. England
    • United States
    • U.S. District Court — Western District of Texas
    • April 2, 1996
    ...sustained through the negligence of others. See Daas v. Pearson, 66 Misc.2d 95, 319 N.Y.S.2d 537 (N.Y.Sup.Ct.), aff'd. 37 A.D.2d 921, 325 N.Y.S.2d 1011 (N.Y.App.Div.1971) (police officer injured in automobile wreck while responding to false emergency call was allowed to maintain negligence ......
  • Lawson v. Stow
    • United States
    • Colorado Court of Appeals
    • March 13, 2014
    ... ... v. Hawkins, 686 A.2d 567, 580 (D.C.1996) (violation of federal false statement statute, 18 U.S.C. § 1001, is not negligence per se); Daas v. Pearson, 66 Misc.2d 95, 319 N.Y.S.2d 537, 540–41 (N.Y.Sup.Ct.) (violation of state false reporting statute is not negligence per se), aff'd, ... ...
  • Hurst v. Titus
    • United States
    • New York Supreme Court — Appellate Division
    • October 30, 1980
    ...v. Concourse 163rd St. Corp., 41 A.D.2d 719, 341 N.Y.S.2d 427; Daas v. Pearson, 66 Misc.2d 95, 102, 319 N.Y.S.2d 537, affd. 37 A.D.2d 921, 325 N.Y.S.2d 1011). The rule stated by Harper on Torts (§ 115, p. 264) is quoted by the Court of Appeals with approval in Miller v. Board of Education, ......
  • People v. Meyers
    • United States
    • New York City Court
    • January 21, 1973
    ...reasonable conduct imposed by common law as well as by statute (Daas v. Pearson, 66 Misc.2d 95, 319 N.Y.S.2d 537, affd. 37 A.D.2d 921, 325 N.Y.S.2d 1011 (2d Dept., 1971)). The larceny of the automobile having been shown, albeit by an exception to the rule against receipt of hearsay testimon......
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