Rothenberg v. South Meadows Corp.

GATES, P. J.,

— On April 28, 1966, plaintiff filed a complaint in trespass against defendant for damages as a result of personal injuries allegedly suffered by him when a golf car he had rented from defendant malfunctioned. Plaintiff charges defendant with negligence in not warning plaintiff of the defects in the car and in not having the car properly inspected and in working order.

On October 11, 1966, defendant filed an answer to the complaint under a heading of “new matter” alleging that, on the date of the alleged accident and prior thereto, plaintiff entered into a written lease agreement…