Barker v. Kallash

The majority holds that one injured by another’s fault while engaging in allegedly criminal conduct may not be permitted access to the civil courts to recover damages for his injuries. There are several objections to such a rule. First, it is based upon a decision which is distinguishable (Reno v D’Javid, 42 NY2d 1040), second, as the majority concedes, it does not always apply (see Corbett v Scott, 243 NY 66; Connolly v Knickerbocker Ice Co., 114 NY 104,108-109; Platz v City of Cohoes, 89 NY 219; and see Townsend v Commercial Travelers Mut. Acc. Assn., 231 NY 148), and third, the *33majority…