Rodriguez v. Primack

— In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Lawrence, J.), entered November 3, 1983, which, upon a decision and order of the same court (Jones, J.), dated October 27, 1983, made after a trial, determining, inter alia, that the defendant’s car was stolen on May 10, 1980, between the hours of 10:00 a.m. and 3:00 p.m., and, at the time of the subject accident on the same date, was being operated without the permission of the defendant, granted the defendant’s motion for summary judgment dismissing the…