CATANESE v. WHITLOW


59 A.D.2d 1057 (1977)

Dominic J. Catanese et al., Respondents, v. Wayne Whitlow, Defendant, and Darrell J. Moore, Appellant

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

November 14, 1977


Order unanimously affirmed, with costs.

Memorandum:

Appellant Moore's automobile was left unattended with its ignition keys on the floor and was taken by defendant, Wayne Whitlow, who, while operating it, collided with and injured the occupants of the plaintiffs' vehicle. This appeal follows a denial of appellant Moore's motion for summary judgment at Special Term which concluded that there was present a question of fact concerning the applicability of section...

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