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BURKE v. CITY OF NEW YORK

279 A.D.2d 381 (2001)

720 N.Y.S.2d 25

MARY J. BURKE, Appellant, v. CITY OF NEW YORK et al., Defendants, and EUGENE HURKIN, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 23, 2001.

Defendant Hurkin's vehicle was stolen and thereafter became involved in a series of collisions resulting in plaintiff's injury. Although plaintiff maintains otherwise, it is plain that, at the time of its theft, there was an able-bodied adult within the Hurkin vehicle and, accordingly, the vehicle had not been left unattended within the meaning of Vehicle and Traffic Law § 1210 (a) (see, Matter of Hartford Ins. Co. [Aquaviva], 179 A.D.2d 546<...

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