Sanchez v. Finke

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered March 12, 2001, which, inter alia, denied the motion of defendant Jewish Home & Hospital for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

*123According to the complaint, the vehicle owned by defendant Finke, while unattended in the driveway of defendant-appellant’s facility, rolled into plaintiff causing him to sustain injuries. While defendant-appellant does not dispute that the key to the car had been given by defendant Finke to its attendant prior to the accident, it maintains that,…