Kell v. Henderson

J. Appellants moved for leave to amend their answer to plead the Ontario guest statute as an affirmative defense in this personal injury action arising out of an automobile accident which occurred in the State of New York. The incident involved residents and domiciliaries of Ontario, Canada. Special Term correctly denied the motion. In our view Babcock v. Jackson (12 N Y 2d 473) is inapplicable here because Babcock (supra) was not intended to and did not change the established law of the State of New York that a guest has a cause of action for personal injuries against a host in an accident…