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Getz v. Searles

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 839 (N.Y. App. Div. 1999)

Opinion

October 1, 1999

Appeal from Judgment of Supreme Court, Ontario County, Scudder, J. — Declaratory Judgment.


Judgment unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action to recover damages for injuries sustained by his son, Eric Getz, when the Ford Mustang in which Eric was a passenger collided with a truck. Defendant Gabriele Auto Place, Inc. (Gabriele) had sold the Mustang on July 20, 1994 to Jacqueline Bourne, who took possession of the vehicle that day. Bourne was operating the Mustang with dealer's plates when the accident occurred on August 25, 1994.

Supreme Court properly granted the motion of defendants Milton Searles and Rist Transport, Ltd. and the cross motion of plaintiff and granted judgment declaring that Gabriele is the owner of the Mustang and is vicariously liable for Bourne's alleged negligence in operating the Mustang. The court also properly denied the cross motion of Gabriele for summary judgment dismissing the complaint against it. The record establishes that Gabriele violated Vehicle and Traffic Law § 416 by permitting Bourne to use its dealer's plates for over a month and failing to notify the Commissioner of the Department of Motor Vehicles of Bourne's failure to return the plates before the expiration of six days after Bourne took possession of the vehicle (see, Jamison v. Walker, 48 A.D.2d 320, 324). Under those circumstances, Gabriele is estopped from denying ownership of the Mustang (see, Switzer v. Aldrich, 307 N.Y. 56, 58-59; Reese v. Reamore, 292 N.Y. 292, 296-297; Jamison v. Walker, supra, at 324; see also, Brown v. Harper, 231 A.D.2d 483, 484; Taylor v. Botnick Motor Corp., 146 A.D.2d 81, 84-85).

PRESENT: GREEN, J. P., LAWTON, PIGOTT, JR., HURLBUTT AND CALLAHAN, JJ.


Summaries of

Getz v. Searles

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 839 (N.Y. App. Div. 1999)
Case details for

Getz v. Searles

Case Details

Full title:G. NELSON GETZ, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF ERIC…

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

Date published: Oct 1, 1999

Citations

265 A.D.2d 839 (N.Y. App. Div. 1999)
695 N.Y.S.2d 637

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