Winney v. Leuci

Appellate Terms of the Supreme Court of New York

Decided June 19, 1947

Appellate Terms of the Supreme Court of New York · decided 1947-06-19

Cited by 3 later decisions — most recently November 1979

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1947-06-19

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¶1Memorandum

Per Curiam.

¶2The 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.

¶3The 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. *442Div. 329; Auto Dealers Discount Corp. v. Budd, 242 App. Div. 37.)

¶4MacCrate, Steinbrink and« Rubenstein, JJ., concur.

¶5Judgment reversed, etc.