Bessie M. McCLANEY, Individually and as guardian ad litem of Grady M. McClaney, Plaintiffs,
v.
UTILITY EQUIPMENT LEASING CORPORATION, Reuben-Siegried Chauffers, Inc., Gallagher Equipment and Leasing Co., Gallagher Equipment Company, foreign corporations, and Albert J. Molchan, jointly and severally, Defendants.
GALLAGHER EQUIPMENT AND LEASING CO. and Gallagher Equipment Company, Third-Party Plaintiffs,
v.
NIAGARA MOHAWK POWER CORPORATION, Third-Party Defendants.
GALLAGHER EQUIPMENT AND LEASING CO. and Gallagher Equipment Company, Fourth-Party Plaintiffs,
v.
NEW HAMPSHIRE INSURANCE COMPANY, American International Adjustment Company, Inc., Snyder Moore Agencies, Inc., Schumacher Agency and John Lafferty, jointly and severally, Fourth-Party Defendants.
United States District Court, N.D. New York.https://leagle.com/images/logo.png
April 20, 1983.
April 20, 1983.
Attorney(s) appearing for the Case
Sanford Rosenblum, Albany, N.Y., for plaintiffs; Eric P. Von Wiegen, Schenectady, N.Y., John K. Powers, Albany, N.Y., of counsel.
Carter, Conboy, Bardwell, Case & Blackmore, Albany, N.Y., for defendant Utility Equipment; Randall J. Ezick, Albany, N.Y., of counsel.
DeGraff, Foy, Conway, Holt-Harris, & Mealey, Albany, N.Y., Dante Renzulli, Personal Counsel, Exton, Pa., for Gallagher Equipment & Leasing and Gallagher Equipment; David F. Kunz, Albany, N.Y., of counsel.
Ainsworth, Sullivan, Tracy & Knauf, Albany, N.Y., for defendant Reuben-Siegfried; John E. Knauf, Albany, N.Y., of counsel.
Joseph Cleary, Gen. Counsel, Lyons, Pentak, Brown & Tobin, Albany, N.Y., for Niagara Mohawk; Kevin P. Glasheen, Albany, N.Y., of counsel.
Bond, Schoeneck & King, Albany, N.Y., for Snyder Moore Agencies, Schumacher Agency and John Lafferty; David Sheridan, Albany, N.Y., of counsel.
Welt, Stockton & Associates, Delmar, N.Y., Hesson, Ford, Sherwood & Whalen, Albany, N.Y., Parisi, De Lorenzo, Gordon, Pasquariello & Weiskoff, Schenectady, N.Y., for defendants New Hampshire Ins. & American Intern.; Michael A. Sims, Delmar, N.Y., Daniel Whalen, Albany, N.Y., Edward D. Falso, Schenectady, N.Y., of counsel.
United States District Court, N.D. New York.
MEMORANDUM-DECISION AND ORDER
McCURN, District Judge.
The Court has before it a motion by plaintiff McClaney and a motion by defendants Utility Equipment Leasing Corp. ("Utility") and Albert Molchan for partial summary judgment, declaring that defendant Gallagher Equipment Leasing Company ("Gallagher") is an "owner" of a vehicle pursuant to N.Y. Vehicle and Traffic Law §§ 388 and 128. For the reasons...
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