Opinion
June 9, 1955.
Present — Vaughan, J.P., Kimball, Piper, Wheeler and Van Duser, JJ.
Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: Section 61 Veh. Traf. of the Vehicle and Traffic Law provides in part: "Upon the transfer of ownership * * * of a motor vehicle * * * its registration shall expire; and the seller * * * shall remove the number plates from the vehicle." Respondent Fernberg claims that title to the motor vehicle involved in the accident, which is the subject matter of the action, was transferred to defendant Alonge a few hours prior to the happening of the accident. Fernberg did not remove his license plates from the motor vehicle and permitted Alonge to drive it. Later that day the accident occurred. Whether or not Fernberg was still the owner of the motor vehicle at the time of the accident need not be determined; he, having left his registration plates on the motor vehicle, is estopped to deny his ownership. ( Shuba v. Greendonner, 271 N.Y. 189; Elfeld v. Burkham Auto Renting Co., 299 N.Y. 336; Reese v. Reamore, 292 N.Y. 292; Switzer v. Aldrich, 307 N.Y. 56.) All concur. (Appeal from a judgment of Chautauqua Trial Term dismissing the complaint as to defendant Fernberg, in an automobile negligence action.)