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RIVERA v. FENIX CAR SERV. CORP.

29586/07.

28 Misc.3d 797 (2010)

903 N.Y.S.2d 690

JOSELITO RIVERA, Plaintiff, v. FENIX CAR SERVICE CORP., Defendant.

Supreme Court, Kings County.

Decided May 25, 2010.

Attorney(s) appearing for the Case

Frank Cruz & Gangi & Associates, New York City, for defendant.

Talisman & DeLorenz, PC., Brooklyn, for plaintiff.

OPINION OF THE COURT

MARK I. PARTNOW, J.

Defendant Fenix Car Service Corp. moves for an order, pursuant to CPLR 3212, granting it summary judgment dismissing the complaint of plaintiff Joselito Rivera on the ground that there are no triable issues of fact with respect to its alleged vicarious liability for the active negligence of the driver of the offending vehicle in the underlying personal injury action. Plaintiff opposes such relief on the ground that...

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