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ALEXANDER v. RADIX

12 A.D.3d 544 (2004)

785 N.Y.S.2d 94

ALEXIA ALEXANDER et al., Respondents, v. FRANKLYN RADIX et al., Defendants, and FIRST UNION BANK, Appellant.

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

November 22, 2004.

Ordered that the order is affirmed, with costs.

On November 1, 2001, the infant plaintiff was struck by an automobile driven by the defendant Franklyn Radix and leased from Premier Ford, Inc. The lease was subsequently assigned to the defendant First Union Bank (hereinafter the bank). The plaintiffs alleged, inter alia, that the bank was vicariously liable for the infant plaintiff's injuries under Vehicle and Traffic Law § 388. The bank moved for summary judgment...

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