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HASSAN v. MONTUORI

99 N.Y.2d 348 (2003)

786 N.E.2d 25

756 N.Y.S.2d 126

MARIANNE HASSAN, Appellant, et al., Plaintiff, v. ANTHONY MONTUORI et al., Defendants, and HENDEL PRODUCTS, INC., et al., Respondents.

Court of Appeals of the State of New York.

Decided February 18, 2003.

Attorney(s) appearing for the Case

Gair, Gair, Conason, Steigman & Mackauf, New York City (Ben B. Rubinowitz, Rhonda E. Kay and Richard M. Steigman of counsel), for appellant.

Lewis, Johs, Avallone, Aviles & Kaufman, Melville (Christine Malafi and Ann K. Kandel of counsel), for Jonathan Schreiber and another, respondents.

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Larry H. Lum and Curtis B. Gilfillan of counsel), for Cucina Bay, Inc., respondent.

McDonough, Marcus, Cohn, Tretter, Heller & Kanca, LLP, New Rochelle (Eli S. Cohn, Diane K. Kanca, Frank T. Cara and Eugene H. Goldberg of counsel), for First Union Auto Finance, Inc., respondent.

Rivkin Radler LLP, Uniondale (Cheryl F. Korman, Evan H. Krinick and Harris J. Zakarin of counsel), for Hendel Products, Inc., and another, respondents.

Chief Judge KAYE and Judges CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

SMITH, J.

Plaintiff, Marianne Hassan, was employed by Hendel Products, Inc. Pursuant to that employment, Hendel provided her with a company vehicle, leased from First Union Auto Finance, Inc., for business and personal use. Plaintiff used the vehicle for approximately two years prior to the accident that gives rise to this lawsuit.

On May 25, 1997, plaintiff was a passenger in...

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