BYRNE v. SLOAN


36 A.D.2d 522 (1971)

Dermott Byrne, Respondent, v. Eleanor C. Sloan, as Executrix of Edgar C. Sloan, Deceased, et al., Appellants

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

January 22, 1971


Subdivision 3 of section 251 of the General Business Law shields the defendant Sloan from liability in view of the lease of the plane to the defendant Executive for a period of 12 months; and since there is no proof he was in control of the craft, he is liberated from liability. In affirming as to the defendant Executive on negligence, we do not approve all the reasons expounded by the learned Trial Justice for the ultimately warranted finding...

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