McEwen v. Keator

Appeal from an order of the Supreme Court at Special Term, entered July 1, 1976 in Rensselaer County, which denied third-party defendant’s motion for summary judgment. Plaintiff was the holder of a learner’s permit for the operation of a motorcycle and could exercise driving privileges under it only when controlled and supervised by the possessor of a valid license for that type of vehicle (Vehicle and Traffic Law, § 501, subd 5, pars [a], [c]; 15 NYCRR 3.4 [g]; 15 NYCRR 3.2 [c] [6]). On May 28, 1973 he was operating his motorcycle on New York State Route 9W in company with such a person, the…