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  5. 20 N.Y.2d 198 (1967)
 

FARBER v. SMOLACK

20 N.Y.2d 198 (1967)

Morris Farber, as Administrator of The Estate of Ann Smolack, Deceased, et al., Appellants, v. Robert Smolack, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Samuel J. Sussman, Herman E. Hoberman and Harris J. Klein for appellants.

David S. Konheim for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, KEATING and BREITEL concur with Judge BERGAN; Judge SCILEPPI dissents and votes to affirm.

BERGAN, J.

Defendant Robert Smolack owned a 1960 Triumph station wagon which he suggested his brother Arthur Smolack drive with Arthur's family from New York to Florida in April, 1960. On the way back to New York from Florida an accident occurred in North Carolina while Arthur was driving in which Arthur's wife was killed and his two children were injured.

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