KELL v. HENDERSON


47 Misc.2d 992 (1965)

Stephanie M. Kell, an Infant, by Stanley V. Kell, Her Father et al., Plaintiffs, v. Albert B. Henderson et al., Defendants.

Supreme Court, Special Term, St. Lawrence County.

October 20, 1965


Attorney(s) appearing for the Case

Crapser & Kirsch (Vincent F. Kirsch of counsel), for defendants. John B. Leonard for plaintiffs.


CHARLES M. HUGHES, J.

The defendants have made a motion seeking an order granting permission to the defendants to serve an amended answer setting forth as a complete defense an Ontario guest-host statute which prohibits the bringing of a lawsuit by a nonpaying passenger against the owner or operator of a motor vehicle.

The facts giving rise to this motion are undisputed. Briefly, all the parties to this action are Ontario residents. The action...

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