Lastowski v. Norge Coin-O-Matic, Inc.

Gulotta, P. J. (dissenting).

I concur in Justice Hopkins’ view that the order denying the motion by the plaintiff parents to dismiss the counterclaim on the pleadings as insufficient in *144law was properly denied, but in scale respects my reasons are different.

First, I believe we need not decide at this time whether the rule of Gelbman v. Gelbman (23 N Y 2d 434) will be extended to situations where there is no compulsory insurance coverage, because this case does not involve. a direct suit by a child against his parent, and therefore we need not reach that point.

It may very well be that when the…