Schultz v. Command Bus Co.

Appellate Division of the Supreme Court of New York

Schultz v. Command Bus Co.

129 A.D.2d 693, 514 N.Y.S.2d 454, 1987 N.Y. App. Div. LEXIS 45380

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

DecidedApril 20, 1987

StatusPublished

This text of 129 A.D.2d 693 (Schultz v. Command Bus Co.) 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

Schultz v. Command Bus Co., 129 A.D.2d 693, 514 N.Y.S.2d 454, 1987 N.Y. App. Div. LEXIS 45380 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a third-party action for indemnification, the third-party defendant Hertz Corporation appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated March 4, 1987, which denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted and the third-party complaint is dismissed.

We find no triable issue was raised by the third-party plaintiff with respect to ownership by Hertz of a vehicle allegedly involved in the accident (see, Winegrad v New York Univ. Med. Center, 64 NY2d 851; Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065; Zuckerman v City of New York, 49 NY2d 557). The Hertz Corporation’s attorney’s affirmation was a proper vehicle for the submission of documents which showed that the assertions of the defendant third-party plaintiff Command Bus Company, Inc., that the vehicle in the accident was a Hertz truck, were merely conclusory (see, Zuckerman v City of New York, supra, at 563). Bracken, J. P., Lawrence, Kunzeman and Spatt, JJ., concur.

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In a third-party action for indemnification, the third-party defendant Hertz Corporation appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated March 4, 1987, which denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted and the third-party complaint is dismissed.

We find no triable issue was raised by the third-party plaintiff with respect to ownership by Hertz of a vehicle allegedly involved in the accident (see, Winegrad v New York Univ. Med. Center, 64 NY2d 851; Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065; Zuckerman v City of New York, 49 NY2d 557). The Hertz Corporation’s attorney’s affirmation was a proper vehicle for the submission of documents which showed that the assertions of the defendant third-party plaintiff Command Bus Company, Inc., that the vehicle in the accident was a Hertz truck, were merely conclusory (see, Zuckerman v City of New York, supra, at 563). Bracken, J. P., Lawrence, Kunzeman and Spatt, JJ., concur.

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Bluebook (online)

129 A.D.2d 693, 514 N.Y.S.2d 454, 1987 N.Y. App. Div. LEXIS 45380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schultz-v-command-bus-co-nyappdiv-1987.

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