Krichmar v. Krichmar

Cohalan and Munder, JJ. (concurring in part and dissenting in part).

We vote to affirm that portion of the order which dismissed the affirmative defense of Statute of Limitations, but otherwise dissent and vote to reverse that portion of the order appealed from which refused to permit the interposition of the affirmative defense of general release.

In 1966, the plaintiff, who was then 10 years of age, was a passenger in an automobile operated by his mother and owned by his absent father. The car collided with a truck at an uncontrolled intersection in Queens County. The Krichmar car was on the…