Witlin v. Green

GAFNI, J.,

Plaintiff Anthony Witlin seeks damages from defendant Mitsy Green, in connection with the theft of an automobile leased to Witlin, which was in Green’s possession. For the reasons discussed below, this court will find in favor of Green.

FACTUAL BACKGROUND

The 1987 Mercedes Benz at issue in this case was originally leased by the Mercedes Benz Credit Corp. to an acquaintance of Witlin’s. On August 14, 1989, however, the original lessee assigned his interest in the car to Witlin in a written agreement as required by section 18 of the lease. That same month, Witlin and Green agreed that…