BYRNE v. COLLINS

2010-00431.

77 A.D.3d 782 (2010)

910 N.Y.S.2d 449

DAVID BYRNE, as Administrator of the Estate of ELIZABETH BYRNE, Deceased, Respondent, v. JAMES COLLINS et al., Defendants, and BUDGET TRUCK TRUST I WILMINGTON TRUST CO. et al., Appellants.

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

Decided October 19, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the defendants Budget Truck Trust I Wilmington Trust Co. and Budget Rent-A-Car System, Inc., is granted.

The plaintiff's decedent was fatally injured when, while riding a bicycle, she was struck by a truck. At the time of the accident, the defendant Budget Truck Trust...

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