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MATTER OF AMERICAN TRANSIT INSURANCE COMPANY

278 A.D.2d 45 (2000)

717 N.Y.S.2d 169

In the Matter of the Arbitration between AMERICAN TRANSIT INSURANCE COMPANY, Appellant, and DOMINGO BAEZ et al., Respondents.

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

Decided December 7, 2000.

At common law, the owner of an automobile who leaves her keys in her car is not liable for the negligence of a thief (see, Phifer v State of New York, 204 A.D.2d 612; Epstein v Mediterranean Motors, 109 A.D.2d 340, 343, affd 66 N.Y.2d 1018), and there is no demonstration that respondent owner Pauline Louzar left her vehicle "unattended" within the...

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