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.