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ALBOUYEH v. COUNTY OF SUFFOLK

62 N.Y.2d 681 (1984)

Hassan Albouyeh, Individually and as Administrator of The Estate of Bahman Albouyeh, Deceased, Plaintiff, v. County of Suffolk et al., Defendants, Gaetano Cusimano, Respondent, and Maria Thomas, as Administratrix of The Estate of Richard D. Forbes, Deceased, et al., Appellants. (Action No. 1.) Ann Richardson, Individually and as Administratrix of The Estate of Scott Richardson, Deceased, Appellant, v. County of Suffolk et al., Defendants, Gaetano Cusimano, Respondent, and Parvaneh Albouyeh, Appellant. (Action No. 2.) Richard D. Forbes, III, and Another, Infants, by Maria B. Thomas, Their Mother and Guardian, Plaintiffs, v. County of Suffolk et al., Defendants, Hassan Albouyeh, as Administrator of The Estate of Bahman Albouyeh, Deceased, et al., Appellants, and Gaetano Cusimano, Respondent. (Action No. 3.)

Court of Appeals of the State of New York.

Decided May 1, 1984.

Attorney(s) appearing for the Case

Vincent B. Frontero for Maria Thomas and others, appellants.

Vincent D. McNamara for Ann Richardson and another, appellants.

Harry A. Lipsig, Cyrus M. Diamond, Richard C. Bell and Dennis A. Lopez for Ann Richardson, appellant.

Louis F. Vaccarella for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs to defendant Cusimano.

Defendant Cusimano testified on deposition that he had left his car locked in the driveway of his home and denied that defendant Conlon, the driver of the vehicle at the time of the collision which gives rise to this action, was driving it with his permission. The fact that defendant Conlon stole the car from the...

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