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BANELLIS v. YACKEL

49 N.Y.2d 882 (1980)

James Banellis, Appellant, v. John E. Yackel, Respondent.

Court of Appeals of the State of New York.

Decided March 27, 1980.

Attorney(s) appearing for the Case

Eugene B. Young for appellant.

Elijah Huling, Jr., for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judge MEYER dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.

MEMORANDUM.

The order appealed from should be affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (69 A.D.2d 1013). We note that all members of this court are agreed that in order to avoid liability under subdivision (a) of section 1210 of the Vehicle and Traffic Law, a motorist need only ensure that the ignition...

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