KRANTZ v. GARMISE


13 A.D.2d 426 (1961)

Robert Krantz et al., Respondents, v. Louis Garmise, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 25, 1961.


Attorney(s) appearing for the Case

Jerome Schlapik of counsel (Robert G. Sheller and Morris L. Wolf with him on the brief; H. Rhodes O'Reilly, attorney), for appellant.

Paul S. Edelman of counsel (Harry E. Kreindler with him on the brief; William S. Baron, attorney), for respondents.

VALENTE and BERGAN, JJ., concur with STEVENS, J.; EAGER, J., dissents and votes to affirm in opinion in which BOTEIN, P. J., concurs.


STEVENS, J.

This is an appeal from an order entered April 26, 1960, which granted a motion by plaintiffs to strike the affirmative defense of the California guest statute from the answer of the defendant.

The complaint alleges in part (and this is not denied by the answer) that the plaintiffs and defendant leased a motor vehicle from Auto Rentals of Hollywood, and there was an oral agreement to share...

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