Opinion
October 3, 1988
Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).
Ordered that the order is affirmed, with costs.
On August 7, 1984, a vehicle owned by the codefendant Gilbert H. Balter was stolen from a parking lot behind an automobile service station owned by the defendant Goodyear Tire Rubber Co. (hereinafter Goodyear). The plaintiff was subsequently injured when his automobile collided with the stolen vehicle. Since the plaintiff's injuries were the result of the negligence of the car thief, Goodyear is not liable at common law (see, Epstein v Mediterranean Motors, 109 A.D.2d 340, affd 66 N.Y.2d 1018; Albouyeh v County of Suffolk, 96 A.D.2d 543, affd 62 N.Y.2d 681; Berk v Hill, 126 A.D.2d 920). Furthermore, since the subject vehicle was stolen from a private parking lot rather than from a street open to public traffic, and since the incident occurred before the effective date of the 1984 amendment to Vehicle and Traffic Law § 1100 (a) (see, L 1984, ch 166, § 4), Goodyear is not liable for a violation of Vehicle and Traffic Law § 1210 (see, Berk v Hill, supra). Bracken, J.P., Lawrence, Kunzeman and Spatt, JJ., concur.