Legal Opinion
Rivera v. Fenix Car Service Corp.
New York Supreme Court
Decided May 25, 2010PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Mark I. Partnow, J.
Defendant Fénix Car Service Corp. moves for an order, pursuant to CPLR 3212, granting it summary judgment dismissing the complaint of plaintiff Joselito Rivera on the ground that there are no triable issues of fact with respect to its alleged vicarious liability for the active negligence of the driver of the offending vehicle in the underlying personal injury action. Plaintiff opposes such relief on the ground that questions of fact exist with respect to the level of control exercised by Fénix, a car service dispatching company, over the car service…
2Cases cited19 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Shaw v. Time-Life RecordsNew York Court of Appeals · 1975
- Goldstein v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1980
- Abouzeid v. GrgasAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by2 opinions
- Rivera v. Fenix Car Service Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Saleem v. Corporate Transportation Group, Ltd.District Court, S.D. New York · 2014