Legal Opinion

Interstate Motor Freight System v. Michigan Mutual Liability Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 18, 1982PublishedCited by 4 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court at Special Term (Kuhnen, J.), entered August 13, 1980 in Broome County, which granted plaintiff’s motion for summary judgment. A written lease for a truck and trailer was executed between one Wiltse and Sullivan Motor Lines, Inc. (Sullivan). As a result, Sullivan became the “statutory owner” of Wiltse’s tractor trailer (Vehicle and Traffic Law, § 128). Wiltse became a driver employed by Sullivan, and also its agent authorized to execute “trip leases” with other shippers to ensure full use of the vehicle. An accident occurred in January, 1976, while…

2Cases cited4 opinions

  1. Ehrlich v. American Moninger Greenhouse Manufacturing Corp.New York Court of Appeals · 1970
  2. O'Dowd v. American Surety Co.New York Court of Appeals · 1957
  3. Federal Insurance v. Atlantic National InsuranceNew York Court of Appeals · 1969
  4. Slocum v. WiltseAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by4 opinions

  1. Dairylea Cooperative, Inc. v. RossalNew York Court of Appeals · 1984
  2. Hawthorne v. South Bronx Community Corp.New York Court of Appeals · 1991
  3. Gladstone v. D. W. Ritter Co.New York Supreme Court · 1986
  4. Dunn v. HurttAppellate Division of the Supreme Court of the State of New York · 2004

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