CALDERON v. GENNOY

45-1-2008-0124.

2008 NY Slip Op 51742 (U)

CARLOS M. CALDERON, III and BRANDIE CALDERON, Plaintiffs, v. KELLY GENNOY, Defendant.

Supreme Court of the State of New York, Saratoga County.

Decided June 11, 2008.


Attorney(s) appearing for the Case

BUCKLEY, MENDELSON, CRISCIONE & QUINN, P.C., Albany, New York, Attorneys for Plaintiffs.

LAW OFFICES OF MARY AUDI BJORK, Albany, New York, Attorneys for Defendant.


THOMAS D. NOLAN, J.

On February 24, 2005, at about 6:00 p.m., defendant arrived at The Publik House restaurant, located on Route 9 in the Town of Malta, Saratoga County, to pick up a take out order and parked her vehicle in the restaurant's lot close to the entrance. Defendant, who was alone, admits that she left the car's engine running and its doors unlocked. Approximately five minutes later, while leaving the restaurant, defendant saw her vehicle being driven from...

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