Newton v Vancheri

Holding The court held that the two-day lapse between the theft and the accident did not legally extinguish the claim under Vehicle and Traffic Law § 1210 (a). However, the claim under Vehicle and Traffic Law § 388 was dismissed because the plaintiff’s concession that the vehicle was stolen rebutted the presumption of owner consent.

The court’s words

the submissions on defendants' motion do not show as a matter of law that the lapse of time between the theft and the accident

2026 NY Slip Op 04603, at the official text

plaintiff did not state a claim under Vehicle and Traffic Law § 388 because his concession that the vehicle was stolen rebutted the presumption

2026 NY Slip Op 04603, at the official text

the purpose of that statute is twofold: (1) as a public safety measure designed to protect life and property of others

2026 NY Slip Op 04603, at the official text