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MYUNG H. HA v. SMITH CORP.

185 Misc.2d 895 (2000)

714 N.Y.S.2d 873

MYUNG H. HA, Plaintiff, v. T.W. SMITH CORP. et al., Defendants.

Supreme Court, Kings County.

October 10, 2000.

Attorney(s) appearing for the Case

Scheinberg, Finno & Schwartz, P. C., Brooklyn (Marc Schwartz of counsel), for plaintiff.

Polstein, Ferrara, Dwyer & Speed, New York City (Inni Reznick of counsel), for T.W. Smith Corp., defendant.

OPINION OF THE COURT

MARGARET CAMMER, J.

This summary judgment motion raises novel issues brought on by a novel set of procedural circumstances, as shall be outlined below. The question presented is whether liability can be statutorily imposed upon the owner of a vehicle where the owner has appeared and contested liability and a default judgment has been granted against the driver. Under the facts presented here...

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