Ortiz v. Hub Truck Rental Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*726At or near the intersection of Borden Avenue and 23rd Street in Queens, a vehicle operated by the defendant Mickoy O. Holness, also known as Mickey O. Holness, struck the rear of a vehicle owned and operated by the plaintiff. At the time of the accident, Holness was operating the vehicle in the course of his employment with the defendant Fresh Direct Holdings, LLC (hereinafter Fresh Direct). The plaintiff commenced this action to recover damages for personal injuries. After joinder of issue, but before any discovery was conducted, the plaintiff moved, inter alia, for summary judgment on the…
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