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KATZ v. GOODYEAR TIRE & RUBBER CO.

143 A.D.2d 639 (1988)

Andrew Katz, Appellant, v. Goodyear Tire & Rubber Co., Respondent, et al., Defendant. (And a Third-Party Action.)

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

October 3, 1988

Ordered that the order is affirmed, with costs.

On August 7, 1984, a vehicle owned by the codefendant Gilbert H. Balter was stolen from a parking lot behind an automobile service station owned by the defendant Goodyear Tire & Rubber Co. (hereinafter Goodyear). The plaintiff was subsequently injured when his automobile collided with the stolen vehicle. Since the plaintiff's injuries were the result of the negligence of the car thief, Goodyear is not liable at common...

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