RUSHINK v. GERSTHEIMER


82 A.D.2d 944 (1981)

William Rushink, as Administrator of The Estate of Stephen E. Rushink, Deceased, Respondent, v. George F. Gerstheimer et al., Appellants

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

June 4, 1981


On August 9, 1978, defendant Mary Jane Gerstheimer, a stenographer employed by the Letchworth Village Developmental Center, drove an automobile owned by her husband, defendant George F. Gerstheimer, to a pharmacy located on the grounds of the Middletown Psychiatric Center. After parking the automobile in front of the pharmacy, she left it unattended with the keys in the ignition. Moments later, Stephen E. Rushink, a resident patient at the facility, drove away in the vehicle...

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