Wild v. Weiss

Appellate Terms of the Supreme Court of New York

Wild v. Weiss

5 Misc. 2d 540, 158 N.Y.S.2d 853, 1956 N.Y. Misc. LEXIS 1497

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 18, 1956

StatusPublished

This text of 5 Misc. 2d 540 (Wild v. Weiss) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wild v. Weiss, 5 Misc. 2d 540, 158 N.Y.S.2d 853, 1956 N.Y. Misc. LEXIS 1497 (N.Y. Ct. App. 1956).

Pincite

Opinion

Per Curiam.

The negligence of an automobile driver cannot be imputed to passenger who had joint control of the car in an action between driver and passenger. The rule of imputation of driver’s negligence applies only in actions brought by or against third parties. (Smith v. Clute, 277 N. Y. 407, 414.) However, plaintiff failed to make out a prima facie case.

The judgment should be modified by providing that the dismissal of the complaint is without prejudice, and as so modified affirmed, without costs.

Edeb, Hecht and Tilzee, JJ., concur.

Judgment accordingly.

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