Winney v. Leuci
Herbert Winney, and Henry J. Weisser v. Frank Leuci, as Property Clerk of the Police Department of the City of New York
Opinion of the Court
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Memorandum Per Curiam.
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. *442 Div. 329 ; Auto Dealers Discount Corp. v. Budd, 242 App. Div. 37 .)
MacCrate, Steinbrink and« Rubenstein, JJ., concur.
Judgment reversed, etc.
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