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KRICHMAR v. KRICHMAR

48 A.D.2d 515 (1975)

Craig Krichmar, an Infant, by Rose Krichmar, His Guardian ad Litem, Respondent, v. Joseph Krichmar et al., Appellants

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

July 7, 1975

Attorney(s) appearing for the Case

J. Robert Morris (Joseph D. Ahearn of counsel), for appellants.

Finley, Kumble, Heine, Underberg & Grutman (Alan M. Gelb, Jewel H. Bjork and Wallace Gossett of counsel), for respondent.

HOPKINS, Acting P. J., and BRENNAN, J., concur with SHAPIRO, J.; COHALAN and MUNDER, JJ., concur as to the striking of the defense of Statute of Limitations, but otherwise dissent and vote to sustain the defense of general release, with an opinion.

SHAPIRO, J.

The question for decision is whether under the circumstances of this case the infant plaintiff can sue his parents, the defendants, to recover damages for personal injuries sustained by him through their alleged negligence in the operation of an automobile in which he was a passenger, after having settled with, and given a general release to, the owner and operator of the other offending vehicle,...

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