Levy v. Motor Vehicle Accident Indemnification Corp.

Bloom and Fein, JJ.,

dissent in a memorandum by Bloom, J., as follows. Bloom, J. (dissenting). On August 7, 1979, Richard Crespo, a 15 year old, had just received a new moped. Anxious to show off his new acquisition, he visited his cousin, Noreen Levy, then 14, and her sister, Janet. He invited the two to go for a ride. First he instructed each of the girls in the method of operation of the vehicle. Following his instructions Janet operated the moped east on 196th Street in The Bronx, crossing Bainbridge Avenue and then returning. Noreen was then invited to ride. She followed the path set by…