Castro v. Liberty Bus Co.

• Decision Date: 26 January 1981
• Citation: 79 A.D.2d 1014,435 N.Y.S.2d 340
• Parties: Albert CASTRO, Respondent, v. LIBERTY BUS CO., Appellant; Walter Sedwitz et al., Defendants.
• Court: New York Supreme Court — Appellate Division

Page 340

435 N.Y.S.2d 340

79 A.D.2d 1014

Albert CASTRO, Respondent, v. LIBERTY BUS CO., Appellant;

Walter Sedwitz et al., Defendants.

Supreme Court, Appellate Division, Second Department.

Jan. 26, 1981.

Vincent P. Nesci, P. C., Yonkers, for appellant.

Before DAMIANI, J. P., and GIBBONS, RABIN, and THOMPSON, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant Liberty Bus Co. from (1) an order of the Supreme Court, Rockland County, entered July 2, 1980, which denied its motion for summary judgment dismissing plaintiff's complaint as to it, and (2) an order of the same court, entered August 14, 1980, which denied its motion which, in effect, was for renewal.

Order entered August 14, 1980 reversed, on the law, without costs or disbursements, order entered July 2, 1980, vacated, appellant's motion for summary judgment granted and complaint dismissed as to it.

Appeal from order entered July 2, 1980 dismissed as academic, without costs or disbursements.

Plaintiff alleges that he was injured in a multiple vehicle collision. One of the vehicles involved was a bus bearing license plate number 4982 BC. Plaintiff's complaint alleges that defendant Liberty Bus Co. (hereinafter Liberty) was the owner of that bus. The answer of Liberty denies ownership. Liberty moved for summary judgment dismissing plaintiff's complaint as to it. In support of its motion it submitted (1) the 1980 certificate of registration of the bus bearing license plate number 4982 BC which stated that it was owned by the Riverdale Transit Corp. and (2) an "arbitration ticket" concerning arbitration proceedings between plaintiff's employer, whose vehicle was also damaged in the accident, and the Riverdale Transit Corp. In opposition to this motion, plaintiff's attorney submitted an affirmation in which he averred that shortly after the accident his office made an investigation that revealed that Liberty was the owner of the vehicle in question. He claimed that the certificate of registration for 1980 did not reveal who owned the bus in 1977 when the accident happened. Special Term, by order entered July 2, 1980, denied the motion for summary judgment.

Shortly thereafter, Liberty made a motion denominated as one for "reargument" which was supported by additional proof of its nonownership of the bus at the time of the accident. The additional proof consisted of the police report made at the accident scene showing that the owner of the bus bearing license plate number 4982 BC was the Riverdale Transit Corp. Although this motion...