A motorist whose car was stolen and later involved in a fatal drunken-driving accident is among the defendants being sued for the deaths of a New York teen and his friend, both killed in the crash.

The owner of the car, David Jaber, had left it running while he stopped at a New York City deli at 1:30 a.m. Feb. 1 when Kenneth Guyear allegedly hopped into the Kia and drove away, running over Robert Ogle, 16, and Alex Paul, 20, the New York Daily News reported.

Police said Paul was walking Ogle home because the teen had had too much to drink at a birthday party, the Daily News reported. Two adults who hosted the party also were named in the suit.

"It's an act of negligence for a person to leave their car with the motor running and easily accessible to anyone who wants to steal it," Scott Rynecki, an attorney for Ogle's family, told the Daily News. "And if a party is going on in your house, you have an obligation to be responsible and make sure there is no underage drinking."

The case still is pending, and Jaber wasn't immediately available for comment.

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