Opinion
June 19, 1947.
Appeal from the Municipal Court of the City of New York, Borough of Queens, RICHARDSON, J.
Joseph M. Lonergan 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 A.D. 789; New York Yellow Cab Co. Sales Agency, Inc., v. Laurel Garage, Inc., 219 A.D. 329; Auto Dealers Discount Corp. v. Budd, 242 A.D. 37. )
MacCRATE, STEINBRINK and RUBENSTEIN, JJ., concur.
Judgment reversed, etc.