10 Cited authorities

Zuckerman v. City of N.Y.
49 N.Y.2d 557 (N.Y. 1980) Cited 24,805 times 9 Legal Analyses
Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."
Andre v. Pomeroy
35 N.Y.2d 361 (N.Y. 1974) Cited 3,175 times
Granting summary judgment to plaintiff in case in which defendant admitted that while driving in heavy traffic she took her eyes off the road to look for something in her purse and drove into the car in front of her
Cook v. Schapiro
58 A.D.3d 664 (N.Y. App. Div. 2009) Cited 27 times
In Cook, a car dealership sold, by way of a trade-in, a new car to an 80-year-old woman who, on purchase, presented her valid driver's license and a valid car registration for the traded-in automobile.
Prog. Halcyon Ins. Co. v. Giacometti
72 A.D.3d 1503 (N.Y. App. Div. 2010) Cited 7 times
No. CA 09-01619. April 30, 2010. Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered January 28, 2009 in a declaratory judgment action. The judgment, among other things, denied in part plaintiff's motion for summary judgment. RUPP, BAASE, PFALZGRAF, CUNNINGHAM COPPOLA, LLC, BUFFALO (KEVIN J. KRUPPA OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT. MATTAR, D'AGOSTINO GOTTLIEB, LLP, BUFFALO (JONATHAN SCHAPP OF COUNSEL)
Fili v. Matson Motors, Inc.
183 A.D.2d 324 (N.Y. App. Div. 1992) Cited 14 times
Finding that the plaintiff's "pretrial testimony that he did not depress the accelerator was sufficient to raise a triable issue of fact whether the accident was caused by a mechanical defect in the vehicle"
LA PLANT v. CUTLIP
258 A.D.2d 769 (N.Y. App. Div. 1999) Cited 3 times
February 11, 1999 Appeal from the Supreme Court (Rumsey, J.). On June 24, 1993, a tractor-trailer driven by defendant James F. Cutlip and owned by Cutlip's employer, defendant Crown Truck Leasing, Inc. (hereinafter Crown), rear-ended plaintiffs' vehicle on State Route 41 in the Town of Homer, Cortland County. At the time of the accident, the tractor-trailer was leased to defendant A. Rotondo Sons, Inc. (hereinafter defendant) and transporting defendant's products. Plaintiffs and their son Matthew
Bennett v. Gebelein
71 A.D.2d 96 (N.Y. App. Div. 1979) Cited 14 times
Holding that a husband who had permission to use his wife's truck could be liable under a negligent entrustment theory for allowing a friend to drive the vehicle while intoxicated
Simon v. El Service Corp.
85 A.D.2d 556 (N.Y. App. Div. 1981) Cited 4 times
December 15, 1981 Judgment, Supreme Court, Bronx County (Di Fede, J.), entered June 5, 1981, unanimously modified, on the law, without costs, to the extent of vacating the first decretal paragraph thereof and directing a new trial on the issue of appellants' liability, and the judgment is otherwise affirmed. At issue on this appeal is the propriety of the trial court's grant of a directed verdict in plaintiffs' favor on the issue of liability against the owner, El Service Corp., and the lessee, Pablo
Section 388 - Negligence in use or operation of vehicle attributable to owner
N.Y. Veh. & Traf. Law § 388 Cited 946 times
Holding owner liable for negligence of any permissive user
Section 30106 - Rented or leased motor vehicle safety and responsibility
49 U.S.C. § 30106 Cited 605 times 3 Legal Analyses
Defining "affiliate" as "a person other than the owner that directly or indirectly controls, is controlled by, or under common control with the owner"

Robert K. Monette et al., Appellants,v.Christina L. Trummer, et al., Defendants, Jim Ball Pontiac-Buick-GMC, Inc., Respondent.

10 Cited authorities

Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."

Granting summary judgment to plaintiff in case in which defendant admitted that while driving in heavy traffic she took her eyes off the road to look for something in her purse and drove into the car in front of her

In Cook, a car dealership sold, by way of a trade-in, a new car to an 80-year-old woman who, on purchase, presented her valid driver's license and a valid car registration for the traded-in automobile.

Finding that the plaintiff's "pretrial testimony that he did not depress the accelerator was sufficient to raise a triable issue of fact whether the accident was caused by a mechanical defect in the vehicle"

Holding that a husband who had permission to use his wife's truck could be liable under a negligent entrustment theory for allowing a friend to drive the vehicle while intoxicated

Holding owner liable for negligence of any permissive user

Defining "affiliate" as "a person other than the owner that directly or indirectly controls, is controlled by, or under common control with the owner"