Facts: Betty Smith is suing John Doe for injuries she sustained while being driven in Doe’s vehicle. Billy Thief was driving the vehicle when Ms. Smith’s injuries occurred. Billy Thief came into possession of the vehicle after John Doe left his keys in his vehicle and went into a Quickie Mart. When John Doe left his vehicle he left the keys completely hidden from sight beneath a book on the front seat of the vehicle. While John Doe was in the Quickie Mart Billy thief stole his vehicle. When John Doe left the Quickie Mart he saw his vehicle was missing and immediately called the police to report it stolen. Sometime after stealing the vehicle, Billy Thief picked up his friend Ms. Smith. Ms. Smith entered the vehicle despite knowing that the vehicle was stolen. Shortly thereafter Billy Thief crashed the vehicle into a tree, resulting in the injuries sustained by Ms. Smith. The injuries included a broken arm and $10,000 in doctor’s bills. Ms. Smith alleges that John Doe is liable for her injuries based on section 1210(a) of the New York Vehicle and Traffic Law.
Question Presented: Is John Doe liable under the New York Vehicle and Traffic Code 1210(a) for Ms. Smith’s injuries arising from the accident involving John Doe’s vehicle?

Short Answer: No. John Doe was not in violation of the New York Vehicle and Traffic Code section 1210(a) and therefore did not act negligently. Furthermore, Ms. Smith is not within the class of persons intended to be protected by the New York Vehicle and Traffic Code 1210(a). Therefore, John Doe is not liable for the injuries sustained by Ms. Smith.
Applicable Statutes:

New York Vehicle and Traffic Law § 1210(a)
No person driving or in charge of a motor vehicle shall permit it to stand unattended without…removing the key from the vehicle…provided, however, the provision for removing the key from the vehicle shall not require the