Kleinman v. Frank
| Decision Date | 17 February 1971 |
| Citation | 268 N.E.2d 648,28 N.Y.2d 603,319 N.Y.S.2d 852 |
| Parties | , 268 N.E.2d 648 Martha Susan KLEINMAN, Plaintiff, and Lois Ranz, Appellant, v. Barbara FRANK et al., Defendants, and Chasey Auto Rental Inc., et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Second Department, 34 A.D.2d 121, 309 N.Y.S.2d 651. Tachna, Bauman, Asarch & Altomerianos, New York City, for plaintiff-appellant.
Goldman & Goldman, New York City (Ralph A. Cascella, New York City, of counsel), for defendants-respondents.
The automobile's sublessee-passenger brought an action for personal injuries against the driver of the automobile, who was operating vehicle with the sublessee-passenger's permission, the sublessor and theownerlessor. The Supreme Court, Special Term, Kings County, Bernard S. Meyer, J., entered order denying motion of the defendants for summary judgment and they appealed.
The Appellate Division modified order and granted motion as to the lessor and sublessor and severed the action as to them from all other causes and, as modified, affirmed. It was held that the negligence of the driver was not imputable to the passenger but that the driver's negligence would be imputed to the passenger in actions against the lessor and sublessor who were to be treated as third parties. The sublessee-passenger and the driver appealed.
In the Court of Appeals it was argued that the rule of imputed negligence should not be so extended.
Order affirmed, without costs.
To continue reading
Request your trial
-
Mikelinich v. Caliandro
...if the action was against the driver himself or herself ( see Kleinman v. Frank, 34 A.D.2d 121, 309 N.Y.S.2d 651, affd. 28 N.Y.2d 603, 319 N.Y.S.2d 852, 268 N.E.2d 648; Webb v. Elmira Water, Light & R.R. Co., Inc., 144 Misc. 506, 258 N.Y.S. 892). The Court of Appeals summarized the rule tha......
-
Munn v. Morris
...Shelley v. Carrier Bus Corp., 36 A.D.2d 862, 321 N.Y.S.2d 829; Kleinman v. Frank, 34 A.D.2d 121, 309 N.Y.S.2d 651, aff'd 28 N.Y.2d 603, 319 N.Y.S.2d 852, 268 N.E.2d 648.) While defendant did not request a charge on the doctrine of imputed contributory negligence, counsel specifically except......
-
Kalechman v. Drew Auto Rental, Inc.
...N.Y.2d 677, 295 N.Y.S.2d 929, 243 N.E.2d 148) or a sublessee (Kleinman v. Frank, 34 A.D.2d 121, 309 N.Y.S.2d 651, affd., 28 N.Y.2d 603, 319 N.Y.S.2d 852, 268 N.E.2d 648) in an action against the owner or a third party. It has been limited so that the driver's negligence will not be imputed ......
-
Kalechman v. Drew Auto Rental, Inc.
...v. Carrier Bus Corp., 36 A.D.2d 862, 321 N.Y.S.2d 829; Kleinman v. Frank, 34 A.D.2d 121, 309 N.Y.S.2d 651, affd. 28 N.Y.2d 603, 319 N.Y.S.2d 852, 268 N.E.2d 648; Ullery v. National Car Rental System, 28 A.D.2d 1111, 284 N.Y.S.2d 576, revd. 23 N.Y.2d 677, 295 N.Y.S.2d 929, 243 N.E.2d 148; Gl......