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MANNING v. BROWN

91 N.Y.2d 116 (1997)

689 N.E.2d 1382

667 N.Y.S.2d 336

Christina Manning, an Infant, by Theresa Manning, Her Mother and Guardian, Appellant, v. Ralph L. Brown et al., Respondents.

Court of Appeals of the State of New York.

Decided November 20, 1997.

Attorney(s) appearing for the Case

John M. Silvestri, Ticondergoa, for appellant.

Fischer, Bessette & Muldowney, L. L. P., Malone (Richard F. Hunter of counsel), for Ralph L. Brown and another, respondents.

FitzGerald Morris Baker Firth, P. C., Glens Falls (Peter A. Firth of counsel), for Karla M. Amidon, respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.

CIPARICK, J.

The primary issue on this appeal is whether plaintiff's knowing participation in the unauthorized use of a motor vehicle, a crime commonly referred to as joyriding, precludes her recovery for injuries resulting from that conduct. Under the circumstances presented here we conclude that plaintiff's conduct constituted such a serious violation of the law as to warrant preclusion of her lawsuit.

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