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REMINGTON FREIGHT LINES, INC. v. GUARANTEE INS. CO.

161 A.D.2d 570 (1990)

Remington Freight Lines, Inc., Appellant, v. Guarantee Insurance Co., Defendant, and George Harpel et al., Respondents

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

May 7, 1990

Ordered that the order is affirmed, with costs.

We find, as did the Supreme Court, that triable issues of fact exist as to whether, inter alia, the defendant East Penn Trucking Company can be held vicariously liable for the alleged negligence of the defendant George Harpel. Moreover, the record fails to establish whether the plaintiff is a "real party in interest" to this suit (see, Compton v D'Amore

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