| Davido v Salazar |
| 2011 NY Slip Op 07730 [89 AD3d 463] |
| November 3, 2011 |
| Appellate Division, First Department |
| Angela Davido, Respondent-Appellant, v Jorge Salazar etal., Defendants, and Juda Construction, Ltd., Appellant-Respondent. |
—[*1] Lever & Stolzenberg, LLP, White Plains (David B. Lever of counsel), forrespondent-appellant.
Order, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered February 2, 2011,which, to the extent appealed from, in this action for personal injuries sustained when a truckallegedly leased by defendant Juda Construction, Ltd. (Juda) to defendant JCV Trucking, LLC(JCV) and driven by defendant Salazar ran over plaintiff's foot as she crossed an intersection,denied plaintiff's motion for summary judgment on the issue of liability as against Juda, anddenied Juda's cross motion for summary judgment dismissing the complaint as against it,unanimously affirmed, without costs.
Juda failed to establish its entitlement to judgment as a matter of law on its defense that theGraves Amendment applied to shield it from vicarious liability for plaintiff's injuries (see49 USC § 30106; Graham vDunkley, 50 AD3d 55, 57-58 [2008], appeal dismissed 10 NY3d 835 [2008]).The record presents triable issues of fact with respect to whether Juda was a bona fidecommercial lessor of motor vehicles and whether it had entered into a valid lease agreement withJCV, which was Salazar's employer. Concur—Mazzarelli, J.P., Saxe, Acosta, DeGrasseand Manzanet-Daniels, JJ.