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LISS v. TRANS AUTO SYS.

109 A.D.2d 430 (1985)

Bernice Liss et al., Respondents, v. Trans Auto Systems, Inc., et al., Appellants

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

August 1, 1985

Attorney(s) appearing for the Case

Gerald Richman of counsel (Abraham L. Shapiro with him on the brief; Shapiro, Shiff, Beilly, Rosenberg & Fox and Wollerstein & Futoran, attorneys), for Trans Auto Systems, Inc., and another, appellants.

Paul Kovner of counsel (Ginsberg & Caesar, P. C., attorneys), for Kenneth Fuld, appellant.

Paul F. McAloon of counsel (Abraham Fuchsberg with him on the brief; Fuchsberg & Fuchsberg, attorneys), for respondents.

KUPFERMAN, J. P., and KASSAL, J., concur with ELLERIN, J.; SULLIVAN and ASCH, JJ., dissent in an opinion by ASCH, J.

ELLERIN, J.

The facts giving rise to the instant action are essentially as stated in the dissent. The automobile in which plaintiff was a passenger on October 22, 1981 was owned by the defendant Holiday Auto Lease Ltd. (Holiday), was leased to plaintiff's employer, Major Watch Case Co. (Major) and was being operated at the time of the accident by defendant Kenneth Fuld, president of Major. (The defendant Trans Auto Systems, Inc., is a predecessor corporation...

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