49 N.Y.2d 882 (1980)
r
r
A motorist complies with Vehicle and Traffic Law §1210(a) by hiding the ignition key from plain sight within the vehicle; the key need not be concealed to an extent that prevents discovery by a car thief through considerable effort.
r
r
Summary
r
This case addresses the interpretation of New York Vehicle and Traffic Law § 1210(a), which concerns precautions a driver must take when leaving a vehicle unattended. The plaintiff, injured by a stolen vehicle, sued the defendant for negligence, alleging the defendant violated the statute by not properly removing the keys from his unattended car. The Court of Appeals affirmed the lower court’s decision for the defendant, holding that hiding the keys from plain sight satisfies the statute, even if the keys are still discoverable with some effort. The dissent argued that the defendant’s self-interest in the matter should allow a jury to determine credibility regarding whether the keys were truly hidden.
r
r
Facts
r
The defendant, Yackel, left his car unattended with the ignition key placed on the front seat, hidden under a cross-reference directory. The vehicle was subsequently stolen, and the plaintiff, Banellis, was injured due to the thief’s negligent operation of the vehicle. The plaintiff argued that Yackel’s actions constituted negligence by violating Vehicle and Traffic Law § 1210(a), which mandates removing the key from the vehicle unless it is hidden from sight.
r
r
Procedural History
r
The trial court granted judgment to the defendant at the close of the plaintiff’s case. The Appellate Division affirmed this decision. The plaintiff then appealed to the New York Court of Appeals.
r
r
Issue(s)
r
Whether a motorist complies with Vehicle and Traffic Law § 1210(a) by hiding the ignition key from plain sight, or whether the key must be concealed such that it is not readily discoverable by a prospective car thief without extreme difficulty.
r
r
Holding
r
No, because the statute only requires that the key be