Albers v. Curpier

Carpinello, J. (dissenting).

We respectfully dissent. As plaintiff could offer nothing more than mere speculation in an effort to establish an employment relationship between defendant Gerald Brown and Clipper Aviation, Supreme Court correctly granted summary judgment to Clipper’s owner, defendant Brian Curpier.

The record reveals that, although plaintiff is the registered owner of the airplane at issue, her father, Edward Albers, has regularly flown it in the past. Indeed, Albers, accompanied by Brown, was flying the plane on March 25, 2003 when the defect was discovered necessitating their…