Appellate Division of the Supreme Court of the State of New York November 5, 1970 (Nix v. Williams)

Moule, J.

Defendant left Rochester in his car for Niagara Falls with plaintiff sitting in the back seat and one May sitting in the front seat. Plaintiff and defendant had known each other for a number of years. They worked in Rochester, lived at the Falls and drove back and forth together on weekends.

Defendant’s car was a two-door convertible, and the top was up.