Wallis v. Harrison

• Docket Number: Index No. 30337/2019E
• Decision Date: 01 November 2019
• Citation: 2019 NY Slip Op 35074 (U)
• Parties: PEGGY WALLIS, Plaintiff, v. SHERMAN HARRISON, MARLON CAMILO and LEASE PLAN U.S.A., INC., Defendants.
• Court: New York Supreme Court

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2019 NY Slip Op 35074(U)

PEGGY WALLIS, Plaintiff,
v.
SHERMAN HARRISON, MARLON CAMILO and LEASE PLAN U.S.A., INC., Defendants.

Index No. 30337/2019E

Supreme Court, Bronx County

November 1, 2019

Unpublished Opinion

DECISION AND ORDER

John R. Higgitt, J.

Upon the October 10, 2019 notice of motion of defendant Lease Plan U.S.A., Inc. (Lease Plan) and the affirmation, affidavit and exhibits submitted in support thereof; plaintiffs October 10. 2019 affirmation in opposition: defendant Lease Plan's undated affirmation in reply; and due deliberation; defendant Lease Plan's motion for an order dismissing the complaint as against it pursuant to CPLR 3211(a)(1) and (7) is granted in part.

In this action emanating from a motor vehicle accident, plaintiff alleges that defendant Lease Plan owned, managed, maintained and controlled the offending vehicle, and that defendant Camilo operated the offending vehicle in the course of his employment with defendant Lease Plan.

Defendant Lease Plan moves for an order dismissing the complaint as against it pursuant to CPLR 3211(a)(1) and (7) on the ground that the claims against it are barred by the Graves Amendment.

In support of the motion, defendant Lease Plan submits the affidavit of its senior risk analyst, who avers that Lease Plan is engaged in the business of long-term commercial leasing of vehicles and providing fleet-related services. The analyst also avers that, pursuant to an annexed February 25, 2004 lease agreement, at the time of the accident, the offending vehicle was leased

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to a non-party who, pursuant to the terms of the lease, was responsible for maintenance of the vehicle. Defendant Lease Plan also submits the police accident report, containing a vehicle identification number for the vehicle driven by defendant Camilo that matches that appearing in a schedule attached to the lease agreement. The analyst avers further that defendant Camilo was not defendant Lease Plan's agent, servant or employee.

Pursuant to Vehicle and Traffic Law § 388(1), an owner of a motor vehicle is jointly and severally liable for the negligence of the vehicle's driver. The Graves Amendment (49 USC § 30106(a)) exempts from liability under Vehicle and Traffic Law § 388(1) those vehicle owners and their affiliates "engaged in the trade or business of renting or leasing motor vehicles."

The foregoing was sufficient to meet defendant Lease Plan's prima facie burden on the claims of vicarious...