Winney v. Leuci

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

• Court: Appellate Terms of the Supreme Court of New York
• Decided: June 19, 1947
• Status: Published

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.