Legal Opinion
Strauss v. BMW Financial Services Vehicle Leasing
New York Supreme Court
Decided July 27, 2010PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Herbert Kramer, J.
Does the failure to plead the immunity contained in 49 USC § 30106 (the Graves Amendment) in the defendant’s answer waive said immunity? This court holds that the defendant has not waived the affirmative defense of the Graves Amendment by failing to plead it in its answer because the plaintiff has not been prejudiced by any surprise and has had a full opportunity to litigate the issue before the court.
Defendant BMW Financial Services Vehicle Leasing, doing business as Financial Services Vehicle Trust (BMW Financial), moves for summary judgment based on…
2Cases cited8 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Branham v. Loews Orpheum Cinemas, Inc.New York Court of Appeals · 2007
- Rogoff v. San Juan Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1980
- Marine Midland Bank, N. A. v. Dino & Artie's Automatic Transmission Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Dalton v. Educational Testing ServiceAppellate Division of the Supreme Court of the State of New York · 2002
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Diversified Group, Inc. v. Marcum & Kliegman LLPAppellate Division of the Supreme Court of the State of New York · 2015
- Diversified Group, Inc. v. Marcum & Kliegman LLPAppellate Division of the Supreme Court of the State of New York · 2015