Legal Opinion
McClaney v. Utility Equipment Leasing Corp.
District Court, N.D. New York
Decided April 20, 1983No. 82-CV-79PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
McCURN, District Judge.
The Court has before it a motion by plaintiff McClaney and a motion by defendants Utility Equipment Leasing Corp. (“Utility”) and Albert Molchan for partial summary judgment, declaring that defendant Gallagher Equipment Leasing Company (“Gallagher”) is an “owner” of a vehicle pursuant to N.Y. Vehicle and Traffic Law §§ 388 and 128. For the reasons below, those motions are denied.
This action arose from an accident which occurred in Albany, New York on December 22, 1981, when a truck driven by Albert J. Molchan struck a Niagara Mohawk Power…
2Cases cited10 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Babcock v. JacksonNew York Court of Appeals · 1963
- Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
- Neumeier v. KuehnerNew York Court of Appeals · 1972
- Scheer v. Rockne Motors CorporationCourt of Appeals for the Second Circuit · 1934
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3Cited by3 opinions
- Eisenberg v. Cope Bestway Express, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Giardina v. Avis Rent A Car, Inc.New York Supreme Court · 1986
- In re: Robin Delamater v. Aurelio N. RodriguezUnited States Bankruptcy Court, N.D. New York · 2026