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LEVINE v. BROOKS

291 A.D.2d 481 (2002)

738 N.Y.S.2d 236

KENNETH LEVINE et al., Appellants, v. LESLIE BROOKS et al., Defendants, and VOLVOVILLE, U.S.A., INC., et al., Respondents.

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

Decided February 19, 2002.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Since neither of the appellants owned the vehicle in question, the Supreme Court properly granted those branches of their separate motions which were for summary judgment dismissing the complaint insofar as asserted against them. A party who has a security interest in a vehicle out of its possession is not deemed to be an owner (see...

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