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KLEINMAN v. FRANK

34 A.D.2d 121 (1970)

Martha S. Kleinman, Plaintiff, and Lois Ranz, Respondent, v. Barbara Frank et al., Appellants, et al., Defendant

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

April 20, 1970.

Attorney(s) appearing for the Case

Goldman & Goldman (Ralph A. Cascella of counsel), for appellants.

Hollander & Asarch (Benjamin Asarch of counsel), for respondent.

RABIN, Acting P. J., BENJAMIN and MUNDER, JJ., concur with MARTUSCELLO, J.; HOPKINS, J., dissents, in opinion.

MARTUSCELLO, J.

The issue raised by this appeal is whether the doctrine of Gochee v. Wagner (257 N.Y. 344), namely, that the negligence of the driver of a motor vehicle will be imputed to an owner present in the vehicle, bars this action by a sublessee-passenger of an automobile against the driver, the owner and the lessor.

On August 26, 1966, the respondent, Ranz, subleased an automobile from...

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