Howard v. Kiskiel

—Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Plaintiff seeks to recover for personal injuries he sustained while a passenger in an automobile owned by and stolen from defendant. Special Term properly granted defendant’s motion for summary judgment dismissing the cause of action for common-law negligence because at common law, the owner of an automobile who leaves his keys in his car is not liable for the negligence of a thief who steals the automobile; "the use of the car by the thief intervened between the…