Alvarez v. Bivens

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered December 5, 2012, which denied defendant Christopher A. Bivens’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

On August 26, 2008, Bivens parked his truck on the street near the old Yankee stadium. When he exited the truck, he locked it and placed a hide-a-key box with the spare key inside in the rear wheel frame. Bivens returned at approximately 11:30 *527p.m., at which time the truck was gone and he…