Rizzuto v. Eppig

Full title: EILEEN RIZZUTO et al., Appellants, v. LOUIS EPPIG et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 4, 1993

197 A.D.2d 510 (N.Y. App. Div. 1993)

602 N.Y.S.2d 204

Opinion

October 4, 1993

Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).

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 § 1100 [a]; Albouyeh v County of Suffolk, 62 N.Y.2d 681; Berk v. Hill, 126 A.D.2d 920).

The plaintiffs' remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.