Lufrano v. Corte

Kupferman, J. (dissenting)

If the new law on comparative negligence were to apply to this case, there would be no problem. (See CPLR article 14-A—Damage Actions: Effect of Contributory Negligence And Assumption of Risk.) However, it affects only actions accruing on or after September 1, 1975, CPLR 1413, and see Practice Commentary by Dean Joseph M. McLaughlin (McKinney’s Cons Laws of NY, Book 7B, CPLR 1413, Cumulative Annual Pocket Part, 1975-1976).

Lufrano was a passenger in Corte’s car. Corte and Minot had an accident. It seems clear that Lufrano is entitled to recover. From the evidence, the…