Winney v. Leuci

189 Misc. 441, 74 N.Y.S.2d 585, 1947 N.Y. Misc. LEXIS 3289

Opinion

Memorandum

Per Curiam.

The judgment insofar as appealed from should be unanimously reversed on the law, with $30 costs to appellant against impleaded plaintiff Weisser and cross-claim dismissed.

The impleaded plaintiff acquired the automobile in question from a thief-. It follows that he may not assert against the true owner a claim for the cost of repairs or improvements made to the automobile without the owner’s knowledge or consent. (Cf. Bateman v. Clark, 263 App. Div. 789; New York Yellow Cab Co. Sales Agency, Inc., v. Laurel Garage, Inc., 219 App. ; Auto Dealers Discount Corp. v. Budd, 242 App. Div. 37.)

MacCrate, Steinbrink and« Rubenstein, JJ., concur.

Judgment reversed, etc.