Opinion
Submitted June 27, 2001.
August 24, 2001.
In an action to recover damages for personal injuries, the defendant Enterprise Rent-A-Car Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Thomas, J.), dated November 2, 2000, as denied its motion pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against it for failure to state a cause of action.
Christopher A. Jeffreys, P.C., Melville, N.Y., for appellant.
Levy and Levy, New York, N.Y. (Judith Levy and Susan J. Levy of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, HOWARD MILLER, SANDRA L. TOWNES, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The appellant moved pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against it for failure to state a cause of action on the ground that it was not the owner of the offending vehicle at the time of the subject motor vehicle accident (see, CPLR 3211[a][7]). The appellant's motion papers failed to conclusively establish that it was not the owner of the offending vehicle (see, Rovello v. Orofino Realty Co., 40 N.Y.2d 633, 636; Albert v. Solimon, 252 A.D.2d 139, affd 94 N.Y.2d 771; Lopez v. Ford Motor Credit Co., 238 A.D.2d 211). Therefore, the appellant's motion to dismiss was properly denied.
BRACKEN, P.J., FRIEDMANN, FLORIO, H. MILLER and TOWNES, JJ., concur.