Falker v. Ostrander

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Agway Petroleum Corporation (Agway) and James Williams (defendants) appeal from an order that granted in part their motion for summary judgment, dismissing only the claim for negligent entrustment of a motor vehicle. Defendants contend that Supreme Court should have granted their motion in its entirety and dismissed the complaint against them.

This negligence action arises out of an accident that occurred on a two-lane road in the Town of Batavia. Williams was driving an…