Cahill v. Kowal

Appellate Division of the Supreme Court of New York

Cahill v. Kowal

5 A.D.3d 240, 773 N.Y.S.2d 286, 2004 N.Y. App. Div. LEXIS 2799

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 18, 2004

StatusPublished

This text of 5 A.D.3d 240 (Cahill v. Kowal) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cahill v. Kowal, 5 A.D.3d 240, 773 N.Y.S.2d 286, 2004 N.Y. App. Div. LEXIS 2799 (N.Y. Ct. App. 2004).

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Opinion

[241]*241Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered April 10, 2002, which denied the motion of defendant PSI Funding, Inc. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Inasmuch as triable issues have been raised as to whether plaintiffs injuries resulted from negligence in the permissive use or operation of a vehicle owned by PSI, PSI may be liable to plaintiff pursuant to Vehicle and Traffic Law § 388, and accordingly, summary judgment dismissing the complaint against PSI was properly denied (see e.g. Sullivan v Spandau, 186 AD2d 641 [1992]; see also Hassan v Montuori, 99 NY2d 348, 353 [2003]). Concur—Buckley, P.J., Tom, Sullivan, Ellerin and Williams, JJ.

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[241]*241Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered April 10, 2002, which denied the motion of defendant PSI Funding, Inc. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Inasmuch as triable issues have been raised as to whether plaintiffs injuries resulted from negligence in the permissive use or operation of a vehicle owned by PSI, PSI may be liable to plaintiff pursuant to Vehicle and Traffic Law § 388, and accordingly, summary judgment dismissing the complaint against PSI was properly denied (see e.g. Sullivan v Spandau, 186 AD2d 641 [1992]; see also Hassan v Montuori, 99 NY2d 348, 353 [2003]). Concur—Buckley, P.J., Tom, Sullivan, Ellerin and Williams, JJ.

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Bluebook (online)

5 A.D.3d 240, 773 N.Y.S.2d 286, 2004 N.Y. App. Div. LEXIS 2799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cahill-v-kowal-nyappdiv-2004.

Opinion

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