Opinion
2000-11820
Argued January 17, 2002.
February 19, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Burke, J.), dated November 3, 2000, as granted those branches of the separate motions of the defendants Volvoville, U.S.A., Inc., and Chase Manhattan Bank, U.S.A., N.A., which were for summary judgment dismissing the complaint insofar as asserted against each of them.
Simonson, Hess Leibowitz, P.C., New York, N.Y. (Alan B. Leibowitz of counsel), for appellants.
Morenus Cardoza Conway, Westbury, N.Y. (Robert L. Romeo of counsel), for respondent Volvoville, U.S.A., Inc.
Thomas J. LaFauci, P.C., Syosset, N.Y., for respondent Chase Manhattan Bank, U.S.A., N.A.
Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, SANDRA L. TOWNES, JJ.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
Since neither of the appellants owned the vehicle in question, the Supreme Court properly granted those branches of their separate motions which were for summary judgment dismissing the complaint insofar as asserted against them. A party who has a security interest in a vehicle out of its possession is not deemed to be an owner (see, Vehicle and Traffic Law § 388; Kelly v. Fleet Bank, 271 A.D.2d 654; Isaacs v. Tifiletti, 237 A.D.2d 976).
FLORIO, J.P., O'BRIEN, H. MILLER and TOWNES, JJ., concur.