MONETTE, ROBERT K. v. TRUMMER, CHRISTINA L.
Appellate Division of the Supreme Court of the State of New York
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
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Victor Temporary Services v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1984
- Young v. SecklerAppellate Division of the Supreme Court of the State of New York · 1980
- Cassidy v. DCFS TrustAppellate Division of the Supreme Court of the State of New York · 2011