Blackchief v. Prim

Summary

The New York Appellate Division, Fourth Department, reversed an order denying Timothy J. Herbst and Renee L. Herbst summary judgment in an action arising from injuries sustained by a police officer during a pursuit of their stolen vehicle. The court held that defendants established lack of permissive use and that Vehicle and Traffic Law § 1210(a) did not apply, while plaintiffs failed to raise a material issue of fact or show that further discovery was warranted. The complaint against the Herbst defendants was dismissed.

Holdings

1. The vehicle owners established their entitlement to summary judgment on the claim of permissive use by demonstrating that the vehicle had been stolen and was being operated without their permission.
2. Vehicle and Traffic Law § 1210(a) was inapplicable because the defendants' vehicle had not been kept in a parking lot or another area to which the statute applies.
3. Plaintiffs failed both to raise a material issue of fact and to demonstrate that facts essential to oppose the motion existed and might be obtained through additional discovery.

Questions Presented

1. Whether the vehicle owners established as a matter of law that the vehicle was being used without their permission, defeating the claim of permissive use.
2. Whether Vehicle and Traffic Law § 1210(a) applied to the vehicle because it had been left in a location covered by that statute.
3. Whether plaintiffs raised a material issue of fact or demonstrated that additional discovery might yield facts necessary to oppose summary judgment.

Disposition

reversed