Bouhafa v. Bouhafa

• Decision Date: 10 April 1969
• Citation: 300 N.Y.S.2d 849,24 N.Y.2d 838
• Parties: , 248 N.E.2d 598 Dorothy BOUHAFA, Appellant v. Faris BOUHAFA, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 849

300 N.Y.S.2d 849

24 N.Y.2d 838, 248 N.E.2d 598

Dorothy BOUHAFA, Appellant v. Faris BOUHAFA, Respondent.

Court of Appeals of New York.

April 10, 1969.

Appeal from Supreme Court, Appellate Division, First Department, 30 A.D.2d 1052, 294 N.Y.S.2d 668.

Arnold Davis, New York City, for plaintiff-appellant.

Dominic J. Cornella, New York City, for defendant-respondent.

Mother brought action against son for injuries sustained because of alleged negligent operation by son of automobile, which was owned by mother, and in which mother was riding as a passenger. The son, who was only 20 years old at time of accident, asserted affirmative defense that action could not be maintained against him because at time of accident, he was the mother's unemancipated son. The mother made a motion to strike such affirmative defense.

The Supreme Court, Special Term, New York County, Irving L. Levey, J., entered an order denying the motion to strike the affirmative defense, and the mother appealed.

The Appellate Division entered an order October 8, 1968 affirming order of Special Term.

The Appellate Division certified the question: 'Was the order of the Special Term, dated March 15, 1968, as affirmed by the order of the Appellate Division, dated October 8, 1968, correct?'

The mother appealed to the Court of Appeals by permission of the Appellate Division.

Order reversed, without costs, and the case remitted to Special Term for further proceedings in accordance with the opinion in Gelbman v. Gelbman, 23 N.Y.2d 434, 297 N.Y.S.2d 529, 245 N.E.2d 192. Question certified answered in the negative.

All concur.