Babcock v. Allan

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: The order is modified by dismissing the complaint in action No. 1 against the defendants Hugh Allan and Hugh *298Allan & Associates. On their motion for summary judgment, those defendants met their burden by submitting proof in evidentiary form that they did not own the automobile driven by Chris Allan and that, at the time of the collision, Chris Allan was not acting as their agent or servant. The plaintiffs submitted no proof in opposition and failed to show that…