Macey v. Rozbicki
New York Court of Appeals
18 N.Y.2d 289, 221 N.E.2d 380, 274 N.Y.S.2d 591 (1966)
- Written by Curtis Parvin, JD
Facts
Rita Rozbicki (defendant) and her husband, Vincent Rozbicki (defendant), lived primarily in Buffalo, New York, but also had a summer home in Ontario, Canada. Jean Macey (plaintiff), a New York resident, was Rita’s sister. Macey visited the Rozbickis at their Ontario home in late June 1962. The three headed out on a car trip to Niagara Falls, Ontario, with Rita driving but were involved in an automobile accident. In response to a New York lawsuit filed by Macey, the Rozbickis asserted an affirmative defense and moved for summary judgment based on Ontario’s guest statute, which barred recovery by guests in a vehicle involved in an accident. The trial court granted the motion, and the appellate court affirmed. Macey appealed to the Court of Appeals. [Editor’s Note: The Court of Appeals is New York’s highest court.]
Rule of Law
Issue
Holding and Reasoning (Desmond, C.J.)
Concurrence (Keating, J.)
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