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KELL v. HENDERSON

26 A.D.2d 595 (1966)

Stephanie M. Kell, an Infant, by Stanley V. Kell, Her Father, et al., Respondents, v. Albert B. Henderson et al., Appellants

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

June 3, 1966

AULISI, J.

Appellants moved for leave to amend their answer to plead the Ontario guest statute as an affirmative defense in this personal injury action arising out of an automobile accident which occurred in the State of New York. The incident involved residents and domiciliaries of Ontario, Canada. Special Term correctly denied the motion. In our view Babcock v. Jackson (12 N.Y.2d 473) is inapplicable here because...

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