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REIS v. VOLVO CARS OF NORTH AMERICA, INC.

1552, 108539/04

73 A.D.3d 420 (2010)

901 N.Y.S.2d 10

MANUEL REIS et al., Respondents, v. VOLVO CARS OF NORTH AMERICA, INC., et al., Defendants, and VOLVO CARS OF NORTH AMERICA, LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided May 4, 2010.

On May 24, 2002, plaintiff Manuel Reis arrived at the home of Americo Silva and observed Silva near a 1987 Volvo station wagon. Silva asked Reis if he wanted to see the engine running and Reis said "yes." Reis stood in front of the vehicle with the hood open. Silva, who was beside the car, reached into the driver's side open window and turned the ignition key while the manual transmission was in first gear. Though Silva did not apply the clutch pedal, he recalled that the...

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