Opinion
January 22, 1971
Interlocutory judgment, Supreme Court, New York County, entered October 6, 1970, after trial on the issue of liability, unanimously modified, on the law and the facts, so as to dismiss the complaint and sever the action as to defendant Sloan, and except as modified, affirmed, without costs and without disbursements. Subdivision 3 of section 251 Gen. Bus. of the General Business Law shields the defendant Sloan from liability in view of the lease of the plane to the defendant Executive for a period of 12 months; and since there is no proof he was in control of the craft, he is liberated from liability. In affirming as to the defendant Executive on negligence, we do not approve all the reasons expounded by the learned Trial Justice for the ultimately warranted finding of negligence.
Concur — McGivern, J.P., Markewich, Kupferman and Steuer, JJ.