Legal Opinion · Dissent

MONETTE, ROBERT K. v. TRUMMER, CHRISTINA L.

Appellate Division of the Supreme Court of the State of New York

Decided April 26, 2013No. CA 12-01274Published

1Dissent

Sconiers and Valentino, JJ.

(dissenting). We respectfully dissent because we conclude that, on this record, Jim Ball Pontiac-Buick-GMC, Inc. (defendant) failed to satisfy its initial burden in moving for summary judgment dismissing the complaint and all cross claims against it of establishing as a matter of law that it was not an owner of the vehicle that rear-ended the parked vehicle in which plaintiff Robert K. Monette was seated at the time of this accident (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). As a result, we would affirm the order denying defendant’s motion.

Veh…

2Cases cited4 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Victor Temporary Services v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1984
  3. Young v. SecklerAppellate Division of the Supreme Court of the State of New York · 1980
  4. Cassidy v. DCFS TrustAppellate Division of the Supreme Court of the State of New York · 2011

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