Gelbman v. Gelbman

In Gelbman v. Gelbman (23 N.Y.2d 434 [1969]), an action in negligence by a parent against her unemancipated son arising out of an automobile accident, the Court of Appeals abolished intrafamily immunity for nonwillful torts. The Court concluded that the policy basis for the defense, "preserving family unity," would be better served by permitting the parent's action. (See id., at 437.)