Banellis v. Yackel

I respectfully dissent. The holding of the majority effectively renders subdivision (a) of section 1210 of the Vehicle and Traffic Law meaningless against any vehicle owner who is prepared to testify that though he left the keys in his car they were "hidden from sight”. Seldom if ever will a plaintiff who has been injured by a thief who stole the car in which defendant left the keys be able to present evidence contradicting defendant’s claim that the keys were "hidden from sight”. In my view, therefore, the holding should be that, unless contradictory proof is available, the testimony of a…