People v. Spiegelman

Decision Date06 May 1963
CitationPeople v. Spiegelman, 240 N.Y.S.2d 40, 19 A.D.2d 538 (N.Y. App. Div. 1963)
PartiesThe PEOPLE of the State of New York, Respondent, v. David SPIEGELMAN, Appellant.
CourtNew York Supreme Court — Appellate Division

Robert D. Foglia, New York City, for appellant.

Edward S. Silver, Dist. Atty., Brooklyn, for respondent People. Harold M. Brown, New York City, of counsel, for respondent.

Before BELDOCK, P. J., and KLEINFELD, HILL, RABIN and HOPKINS, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the former Court of Special Sessions of the City of New York, County of Kings, rendered June 21, 1961, convicting him of a violation of section 600 of the Vehicle and Traffic Law (leaving the scene of an accident without reporting); sentencing him to pay a fine of $100 or, in the alternative, to serve 30 days in the City Prison; and revoking his license to operate a motor vehicle. The fine was paid.

Judgment reversed on the law and the facts; information dismissed; fine remitted; and the revocation of defendant's license vacated.

Upon the facts in this record, it does...

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11 cases
  • Green Bus Lines, Inc. v. Consolidated Mut. Ins. Co.
    • United States
    • New York Supreme Court — Appellate Division
    • 14 April 1980
    ...Cent. Ins. Co., 33 Misc.2d 816, 819-820, 227 N.Y.S.2d 873, mot. to vacate decision den. 34 Misc.2d 687, 689-692, 230 N.Y.S.2d 126, affd. 19 A.D.2d 538). Both third-party complaints meet this In addition to the broad coverage provision, insurance policies often contain certain exceptions whi......
  • Mobil Oil Corp. v. Reliance Ins. Co.
    • United States
    • New York Supreme Court
    • 2 March 1971
    ...Green v. Travelers Ins. Co., 286 N.Y. 358, 36 N.E.2d 620; Sachs v. American Central Ins. Co., 34 Misc.2d 687, 230 N.Y.S.2d 126, aff'd 19 A.D.2d 538; see American Fid. Fire Ins. Co. v. Pardo, 32 A.D.2d 536, 299 N.Y.S.2d 521). 'An exclusion, in insurance parlance, serves the purpose of taking......
  • Campbell v. Westmoreland Farm, Inc.
    • United States
    • U.S. District Court — Eastern District of New York
    • 14 June 1967
    ...motorist leaves the scene of an accident without knowing that there has been any damage or injury sustained. People v. Spiegelman, 1963, 19 A.D.2d 538, 240 N.Y.S.2d 40; People v. Edwards, 1962, 35 Misc.2d 147, 228 N.Y.S.2d 968, rev'd on other grounds, 1963, 12 N.Y.2d 969, 238 N.Y.S. 2d 962,......
  • American Fidelity Fire Ins. Co. v. Pardo
    • United States
    • New York Supreme Court — Appellate Division
    • 14 April 1969
    ...that the occurrence came within the exclusionary clause (Sachs v. American Cent. Ins. Co., 34 Misc.2d 687, 230 N.Y.S.2d 126, affd. 19 A.D.2d 538) and that its own construction of the exclusionary clause was the only one that could fairly be placed on it (Sincoff, Supra, 11 N.Y.2d p. 390, 23......
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