FAVALE v. M.C.P. INC.


125 A.D.2d 536 (1986)

Joseph Favale, Jr., Plaintiff, v. M.C.P. Inc., et al., Defendants, and Dealer's Leasing Corp., Defendant and Third-Party Defendant-Appellant, and Bellacicco & Sons, Inc., Defendant and Third-Party Plaintiff-Respondent

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

December 22, 1986


Ordered that the interlocutory judgment is affirmed, without costs or disbursements.

The instant action was commenced by the plaintiff, inter alia, to recover damages for personal injuries that he suffered when his motorcycle collided with a van operated by the defendant West who was allegedly an employee of the defendant Bellacicco. In dismissing the claim of Dealer against Bellacicco, the trial court held, inter alia, that "as a matter of law * * ...

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