Adele Gelbman v. James D. Gelbman

Summary

The New York Court of Appeals held that the longstanding doctrine of intrafamily tort immunity for non‑willful torts is abolished. It overruled Sorrentino, Cannon and Badigian, finding the rule unnecessary to preserve family unity and that compulsory automobile insurance removes policy concerns. Accordingly, the trial court’s dismissal was reversed, the complaint reinstated, and the affirmative defense struck.