Catanese v. Whitlow

Order unanimously affirmed, with costs. Memorandum: Appellant Moore’s automobile was left unattended with its ignition keys on the floor and was taken by defendant, Wayne Whitlow, who, while operating it, collided with and injured the occupants of the plaintiffs’ vehicle. This appeal follows a denial of appellant Moore’s motion for summary judgment at Special Term which concluded that there was present a question of fact concerning the applicability of section 1210 of the Vehicle and Traffic Law. We agree. The question presented is whether section 1210 of the Vehicle and Traffic Law applies.…