PADRO v. KNOBLOCH


28 Misc.2d 898 (1961)

Philip Padro et al., Plaintiffs, v. August Knobloch, Jr., Defendant.

Supreme Court, Special Term, Bronx County.

April 18, 1961


Attorney(s) appearing for the Case

Sidney K. Morgolis for plaintiffs. Dwyer & Lawler for defendant.


SIDNEY A. FINE, J.

Defendant has moved for summary judgment dismissing the complaint, and plaintiffs have requested summary judgment in their favor. No common-law liability of defendant has been established, since the car, at the time of the accident, was being operated by a thief and not with the consent, express or implied, of defendant. However, plaintiffs allege that the key had been left in the ignition switch, with the doors to the car unlocked...

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