Legal Opinion
In re the Arbitration between American Transit Insurance & Baez
Appellate Division of the Supreme Court of the State of New York
Decided December 7, 2000PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Beverly Cohen, J.), entered September 9, 1999, denying petitioner’s application for a permanent stay of arbitration of respondent Baez’s claim for uninsured motorist benefits, unanimously affirmed, with costs.
At common law, the owner of an automobile who leaves her keys in her car is not liable for the negligence of a thief (see, Phifer v State of New York, 204 AD2d 612; Epstein v Mediterranean Motors, 109 AD2d 340, 343, affd 66 NY2d 1018), and there is no demonstration that respondent owner Pauline Louzar left her vehicle “unattended” within the meaning…
2Cases cited5 opinions
- Epstein v. Mediterranean Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Epstein v. MEDITERRANEAN MOTORS, INC.New York Court of Appeals · 1985
- Phifer v. StateAppellate Division of the Supreme Court of the State of New York · 1994
- Simon v. El Service Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- In re the Arbitration between Hartford Insurance & AquavivaAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by1 opinion
- Burke v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001