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BERK v. HILL

126 A.D.2d 920 (1987)

Beth A. Berk et al., Appellants, v. Gerald Hill et al., Respondents. (And a Third-Party Action.)

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

January 29, 1987

Weiss, J.

On August 28, 1980, defendant Gerald Hill parked the automobile owned by his wife, defendant Barbara Hill, in a parking lot adjacent to the offices of New York State Electric and Gas on Chenango Street in the City of Binghamton, Broome County.1 He left the car keys in the ignition and, upon returning 15 minutes later, found the car was missing. En route to notify the police, Gerald Hill saw the car on Chenango Street...

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