Eisenberg v. Cope Bestway Express, Inc.
Appellate Division of the Supreme Court of the State of New York
Contrary to the plaintiff’s contention, the Interpool defendants established their prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against them.
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Contrary to the plaintiff’s contention, the Interpool defendants established their prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against them. The Interpool defendants established that the Graves Amendment applied to shield them from liability by demonstrating the absence of any material issues of fact with respect to whether they were commercial lessors of motor vehicles, that they had in fact leased the subject chassis to the CSX defendants pursuant to a user equipment agreement at the time of the accident, that the chassis qualifies as…
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), entered October 2, 2013, which granted that branch of the motion of the defendants Interpool, Inc., and Interpool Titling Trust which was for summary judgment dismissing the complaint insofar as asserted against them, and the separate motion of the defendants CSX Intermodal, Inc., and CSX Transportation, Inc., for summary judgment dismissing the complaint insofar as asserted against them, and denied those branches of her cross motion which were for…
2Cases cited3 opinions
- McClaney v. Utility Equipment Leasing Corp.District Court, N.D. New York · 1983
- Tagger v. Olympic Van Line, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1999
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