Winney v. Leuci — 189 Misc. 441

Majority

p. 441

Herbert Winney, Appellant, and Henry J. Weisser, Respondent, v. Frank Leuci, as Property Clerk of the Police Department of the City of New York, Defendant.

Supreme Court, Appellate Term, Second Department,

June 19, 1947.

Joseph M. Lonergm for appellant.

Max' Weisser for Henry J. Weisser, respondent.

Memorandum

The judgment insofar as appealed from should be unanimously reversed on the law, with $30 costs to appellant against impleaded plaintiff Weisser and cross-claim dismissed.

The impleaded plaintiff acquired the automobile in question from a thief-. It follows that he may not assert against the true owner a claim for the cost of repairs or improvements made to the automobile without the owner’s knowledge or consent. (Cf. Bateman v. Clark, 263 App. Div. 789 ; New York Yellow Cab Co. Sales Agency, Inc., v. Laurel Garage, Inc., 219 App.

p. 442

Div. 329 ; Auto Dealers Discount Corp. v. Budd, 242 App. Div. 37 .)

MacCrate, Steinbrink and« Rubenstein, JJ., concur.

Judgment reversed, etc.