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FORNARO v. JILL BROS., INC.

15 N.Y.2d 819 (1965)

Joseph Fornaro, as Administrator of The Estate of Joseph Fornaro, Jr., Deceased, and Individually, Appellant, v. Jill Bros., Inc., Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided February 11, 1965.

Attorney(s) appearing for the Case

Sheridan Albert for appellant.

Norman Dachs for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

Order affirmed, without costs, in a memorandum: Appellant neither alleged in his complaint nor sought to prove at the trial that the automobile in which the deceased infant was riding was, at the time of the accident, being operated by the driver (Eleanor Jill) in connection with or in furtherance of the business or interests of the vehicle's owner (Jill Bros., Inc.). Such use, as the Appellate Division correctly observed, is a necessary predicate to the imposition of liability...

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