(DOWNLOAD) "William Rushink v. George F. Gerstheimer Et Al." by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: William Rushink v. George F. Gerstheimer Et Al.
- Author : Supreme Court of New York
- Release Date : January 04, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Cross appeals from an order of the Supreme Court at Special Term (Miner, J.), entered October 21, 1980 in Sullivan County, which denied both plaintiffs and defendants 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 Middletown Psychiatric Center. After parking the automobile in front of the pharmacy, she left it unattended with the keys in the ignition. Moments later, Stephen E. Rushink, a resident patient at the facility, drove away in the vehicle and met his death soon thereafter when it left the road and struck a tree. After issue was joined, plaintiff moved at Special Term for summary judgment contending that there were no triable issues of fact since defendant Mary Jane Gerstheimer violated subdivision (a) of section 1210 of the Vehicle and Traffic Law and that the violation of the statute was the proximate cause of the occurrence. Defendants opposed the motion arguing that subdivision (a) of section 1210 of the Vehicle and Traffic Law is not applicable to the instant case and, assuming it was, that the alleged violation was not the proximate cause of plaintiffs decedents accident. Defendants also moved for summary judgment to dismiss the complaint. Special Term denied both motions and these appeals ensued. Subdivision (a) of section 1210, which prohibits a person in charge of a vehicle from leaving it unattended without removing or hiding the key, was enacted to deter theft and injury from the operation of motor [82 A.D.2d 944 Page 945]
 "William Rushink v. George F. Gerstheimer Et Al." by Supreme Court of New York * eBook PDF Kindle ePub Free){kind=link}