Fitz-Gerald v. Rich

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied that part of plaintiffs motion seeking partial summary judgment on the issue of liability against defendant B.M.W. Financial Services, N. A., Inc. (BMW). Plaintiff, a passenger in the back seat of an automobile driven by defendant Mark A. Santomassino, was injured when Santomassino allegedly swerved to avoid a deer and lost control of the automobile. The court properly refused to determine that BMW is vicariously liable as a matter of law, as the owner of the vehicle leased to *1018Santomassino (see, Vehicle and…