Opinion
No. 32813/2018E
05-07-2019
PENA, RAMON A. v. CAB EAST LLC, et al
Unpublished Opinion
The following papers numbered 7 to 15 and 20 to 26 in the NYSCEF System were read on this motion for DISMISSAL, noticed on February 19, 2019 and duly submitted as No. 58 on the Motion Calendar of February 19, 2019.
| NYSCEF Doc. Nos. | |
| Notice or Motion - Exhibits and Affidavits Annexed | 7-15 |
| Notice of Cross-Motion - Exhibits and Affidavits Annexed | |
| Answering Affidavit and Exhibits | 20-25 |
| Replying Affidavit and Exhibits |
|
| Filed Papers | |
| Memoranda of Law | |
| Stipulations |
Upon the foregoing papers, the motion of defendant Cab East LLC to dismiss the complaint a asserted against it and the cross claim asserted against it is granted, in accordance with the annexed decision and order.
DECISION AND ORDER
John R. Higgitt, J.
This negligence action arises out of a motor vehicle accident that occurred on April 4, 2018. Defendant Cab East LLC ("Cab") seeks dismissal of the complaint as against it and the cross claims against it under CPLR 3211(a)(1) and (7). For the reasons that follow, the moving defendant's motion for is granted.
Under the Graves Amendment (49 USC § 30106). the owner of a leased or rented motor vehicle is not vicariously liable for personal injuries sustained as a result of an accident involving a leased or rented vehicle (see .Jones v Bill. 10 N.Y.3d 550, 554 [2008]). To establish entitlement to judgment under the Graves Amendment, the owner of the leased or rented vehicle must show: (1) that the owner is in the business of leasing or renting motor vehicles; (2) that the owner owned the subject vehicle: (3) that the owner leased or rented the subject vehicle to a third party; and (4) if plaintiff alleges that the owner was negligent, that the resulting accident was not caused by negligent maintenance of the vehicle by the owner (see Villa-Capellan v Mendoza, 135 A.D.3d 555, 556 [1st Dept 2016]; Cassidy v DCFS Trust. 89 A.D.3d 591, 591 [1st Dept 2011]; see also Reifsnyder v Penske Truck Leasing Corp.. 140 A.D.3d 572 [1st Dept 2016]).
In support of its motion defendant Cab submitted a copy of the pleadings, the rental agreement, and the affidavit of Dean Bridges, director of Business Center Operations at Ford Motor Credit Company. In his affidavit, Bridges avers that defendant Cab is a single-purpose entity in the business of leasing vehicles: Cab holds lease agreements. Bridges also averred that after the vehicles are leased, defendant Cab has no obligation to maintain or repair the vehicles because Cab does not possess or have physical control over the vehicles. The lease agreement shows that at the time of the subject accident the vehicle was leased to defendant Tara Kazi.
On a motion to dismiss the complaint for failure to state a cause of action under CPLR 3