| NY | Jan 25, 1962
Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voobhis, 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]).