GRANT v. TOYOTA


224 A.D.2d 187 (1996)

637 N.Y.S.2d 932

Omar Grant et al., Respondents, v. Alexandria Toyota et al., Respondents, and Terry Presmont, Appellant

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

February 1, 1996


The complaint sufficiently states a cause of action against defendant Presmont for negligent maintenance of the offending vehicle. Denial of summary judgment was also proper since defendant failed to establish her defenses to the action as a matter of law by tender of evidentiary proof in admissible form (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). Moreover, plaintiffs, with the aid of discovery, may be able to...

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