Opinion
8518 Index 303309/14
02-26-2019
Tonjalaya BROWN, Plaintiff, v. Derrick MCKENZIE, Defendant–Respondent, Value Store It, LLC, Defendant–Appellant.
Ahmuty, Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for appellant. Cerussi & Spring, P.C., White Plains (Christopher B. Roberta of counsel), for respondent.
Ahmuty, Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for appellant.
Cerussi & Spring, P.C., White Plains (Christopher B. Roberta of counsel), for respondent.
Renwick, J.P., Richter, Tom, Kahn, Moulton, JJ.
Value failed to establish entitlement to judgment as a matter of law under the Graves Amendment ( 49 USC § 30106 [a][1]; Cassidy v. DCFS Trust, 89 A.D.3d 591, 933 N.Y.S.2d 31 [1st Dept. 2011] ). The evidence submitted by Value was insufficient to show that it was engaged in the trade or business of renting or leasing motor vehicles. Rather, the evidence showed that Value was in the business of renting storage space and that the certificate of title for the subject vehicle designates its use as "private."
We have considered Value's remaining contentions and find them unavailing.