Opinion
2011-11-3
Angela DAVIDO, Plaintiff–Respondent–Appellant,v.Jorge SALAZAR, et al., Defendants,Juda Construction, Ltd., Defendant–Appellant–Respondent.
Cerussi & Spring, White Plains (David H. Strong of counsel), for appellant-respondent.Lever & Stolzenberg, LLP, White Plains (David B. Lever of counsel), for respondent-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 truck allegedly 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, and denied Juda's cross motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
*877 Juda failed to establish its entitlement to judgment as a matter of law on its defense that the Graves Amendment applied to shield it from vicarious liability for plaintiff's injuries ( see 49 USC § 30106; Graham v. Dunkley, 50 A.D.3d 55, 57–58, 852 N.Y.S.2d 169 [2008], appeal dismissed 10 N.Y.3d 835, 859 N.Y.S.2d 607, 889 N.E.2d 484 [2008] ). The record presents triable issues of fact with respect to whether Juda was a bona fide commercial lessor of motor vehicles and whether it had entered into a valid lease agreement with JCV, which was Salazar's employer.
MAZZARELLI, J.P., SAXE, ACOSTA, DeGRASSE, MANZANET–DANIELS, JJ., concur.