CULLEN v. NAPLES


31 N.Y.2d 818 (1972)

Michael Cullen, an Infant, by Carol Cullen, His Mother, et al., Respondents, v. Frances Naples et al., Appellants, and Home Indemnity Company et al., Defendants.

Court of Appeals of the State of New York.

Decided November 29, 1972.


Attorney(s) appearing for the Case

Edward H. Schiff, James E. Sager and Harold L. Cowin for appellants.

Charles A. Nolan, Jr., Daniel Cohen and Solomon R. Agar for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


MEMORANDUM.

Although a majority of the Appellate Division affirmed the trial court's determination that General Accident Fire & Life Assurance Corp., Ltd. was not privileged to disclaim liability, it did so without affirming the findings of fact made below. Only four of the Justices in the Appellate Division passed on the issue of consent, two concluding that the operator of the car had the owner's permission and two...

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