New York Court of Appeals
Michael Cullen, an Infant, by Carol Cullen, His Mother v. Frances Naples, and Home Indemnity Company
November 29, 197231 N.Y.2d 818
Summary
The New York Court of Appeals reversed the Appellate Division's decision and remanded for further fact finding on the owner's consent, holding that the appellate court could not decide the timeliness of the disclaimer because the parties had excluded reasonableness from the issues at trial.