Legal Opinion

Rizzuto v. Eppig

Appellate Division of the Supreme Court of the State of New York

Decided October 4, 1993Published

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated June 10, 1991, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, the court did not err in finding that defendants could not be liable pursuant to Vehicle and Traffic Law § 1210 (a) since their car was not stolen from a "public highway” or "private road open to public motor vehicle traffic” (Vehicle and Traffic Law §…

2Cases cited2 opinions

  1. Albouyeh v. County of SuffolkNew York Court of Appeals · 1984
  2. Berk v. HillAppellate Division of the Supreme Court of the State of New York · 1987

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