GRYNBAL v. GRYNBAL


32 A.D.2d 427 (1969)

Racla Grynbal, Respondent, v. Abraham Grynbal, Defendant, and Albert Mandel et al., Appellants

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

July 25, 1969.


Attorney(s) appearing for the Case

Henry Wolfman (Lewis I. Wolf and Edward R. Koudelka, Jr., of counsel), for appellants.

Spector & Meissner (Abraham Spector of counsel), for respondent.

Herman B. Gerringer for New York State Trial Lawyers Assn., amicus curiæ.

CHRIST, Acting P. J., and BENJAMIN, J., concur with RABIN, J.; BRENNAN, J., dissents in opinion which HOPKINS, J., concurs.


SAMUEL RABIN, J.

Though somewhat obscured in procedural ramifications, the emerging substantive question on this appeal is whether one set of joint tort-feasors, respectively the owner and the driver of one of two automobiles involved in a collision, may offset in their answer medical payments reimbursed to the plaintiff, a passenger of the other vehicle, by the insurance carrier of the latter vehicle's owner, in pursuance of a provision for such benefit...

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