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LEWIS v. CITY OF NEW YORK

17 Misc.3d 537 (2007)

844 N.Y.S.2d 650

ALPHONSO LEWIS, as Administrator of the Estate of KENNETH THOMAS, Deceased, and as Guardian of KYLE KALVIN THOMAS and Another, Infants, et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants. CITY OF NEW YORK, Third-Party Plaintiff, v. TRANSPORT INTERNATIONAL POOL, INC., et al., Third-Party Defendants.

Supreme Court, Bronx County.

September 10, 2007.

Attorney(s) appearing for the Case

Silverson, Pareres & Lombardi for JRC Transportation, Inc., defendant.

Fogarty, Felicione & Duffy for Glenford R. McCallum and another, defendants.

White, Fleischner & Fino for City of New York, defendant and third-party plaintiff.

Michael A. Cardozo, Corporation Counsel, for "John" Wanamaker, defendant.

Alan I. Lamer for West Indian Carnival Associations, Inc., defendant.

Richard Tunick for Jam City Production, defendant.

Bernstein & Bernstein for plaintiff.

Herzfeld & Rubin for Transport International Pool, Inc., third-party defendant.

OPINION OF THE COURT

PAUL A. VICTOR, J.

Relief Sought

Defendants JRC Transportation, Inc., and J&C Transportation, Inc. (hereinafter JRC)1 each move, pursuant to CPLR 3212, for summary judgment and dismissal of the action against them claiming that they are not vicariously liable for the negligence of the owner and operator of the vehicle, since it was used without their knowledge or permission. The motion is opposed...

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