MATA v. U.S. ELECTROPLATING CORP.


274 A.D.2d 504 (2000)

712 N.Y.S.2d 383

BRANDON MATA, an Infant, by His Mother and Natural Guardian, SUSAN RESTREPO, et al., Respondents-Appellants, v. U.S. ELECTROPLATING CORP., Appellant-Respondent, et al., Defendant.

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

Decided July 24, 2000.


Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly denied the motion and cross motion. There is an issue of fact as to whether the defendant Ed Campanella, the operator of the truck owned by the defendant U.S. Electroplating Corp., was using the truck with the owner's consent, either expressed or implied, at the time of the subject accident (see, Vehicle and Traffic Law § 388 [1]; Leotta v Plessinger,...

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