Mocciaro v. Lopergolo

— Order unanimously reversed, on the law, without costs, and motion granted. Memorandum: Defendant Joseph Lopergolo appeals from the denial of his summary judgment motion in this action in which plaintiff seeks to impose liability on him for the death of her 15-year-old intestate on theories of common-law negligence and violation of Vehicle and Traffic Law § 1210. We reverse.

It is undisputed that decedent participated in the theft and unauthorized use of Lopergolo’s car and that, although decedent did not drive the car, his death resulted from its negligent operation by his accomplice. It is…