Rushink v. Gerstheimer

Cross appeals from an order of the Supreme Court at Special Term (Miner, J.), entered October 21,1980 in Sullivan County, which denied both plaintiff’s and defendant’s motions for summary judgment. On August 9, 1978, defendant Mary Jane Gerstheimer, a stenographer employed by the Letchworth Village Developmental Center, drove an automobile owned by her husband, defendant George F. Gerstheimer, to a pharmacy located on the grounds of the Middle-town Psychiatric Center. After parking the automobile in front of the pharmacy, she left it unattended with the keys in the ignition. Moments later,…