CLAY v. MOSS


186 A.D.2d 780 (1992)

Diana Clay, Respondent, v. Ruby Moss, Appellant

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

October 26, 1992


Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.

It is not disputed that the defendant's vehicle was stolen from a public street and that the theft was immediately reported to police. The plaintiff thus concedes that the defendant is not liable for injuries she sustained when she was struck by the defendant's vehicle, driven by an unapprehended individual, unless the defendant violated Vehicle...

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