Belt v. Girgis
| Decision Date | 14 October 2008 |
| Docket Number | 2007-07011,2008-00339,2007-10256 |
| Citation | 865 N.Y.S.2d 658,55 A.D.3d 645,2008 NY Slip Op 07847 |
| Parties | NORMA BELT, Appellant, v. ALBERT GIRGIS et al., Defendants, and JERSEY LYNNE FARMS, INC., et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the respondents.
The appeal from the intermediate order granting that branch of the motion of the defendant Jersey Lynne Farms, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from that order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
In the afternoon of November 29, 2004 the defendant Albert Girgis, a food products salesman, while making sales calls to supermarkets in Queens, agreed to drive the defendant Rasheen Ford to a nearby liquor store. Upon pulling into the parking lot at the Met Foods supermarket on Merrick Avenue, which was located across the street from the liquor store, Girgis exited the vehicle but left the doors unlocked and the keys in the ignition. He entered the supermarket to make a sales call and presumed that Ford was going to walk to the liquor store. At some point thereafter, while Girgis was still in the supermarket, Ford, who was intoxicated, drove Girgis's car out of the parking lot, subsequently lost control, jumped a sidewalk, and struck the plaintiff, seriously injuring her. The plaintiff commenced an action to recover damages for personal injuries alleging, inter alia, that Girgis was an agent, servant, and/or an employee of the defendants Jersey Lynne Farms, Inc. (hereinafter Jersey Lynne), and MTM Food Distributors Corp. ...
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