KELLY v. MAJOR BRAND GASOLINE CORP.


63 A.D.2d 861 (1978)

Rosemary Kelly, Appellant, v. Major Brand Gasoline Corp. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 26, 1978


Order unanimously affirmed, without costs.

Memorandum:

Plaintiff appeals from an order granting summary judgment in favor of defendants and dismissing plaintiff's complaint on the merits. The only question on appeal is whether plaintiff presented a triable issue of fact with respect to whether Hoffman, whose vehicle collided with plaintiff's vehicle allegedly causing her serious injury, was an employee or agent of defendants, thereby rendering defendants liable...

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