RIVERA v. FENIX CAR SERVICE CORP.

2010-06470.

81 A.D.3d 622 (2011)

916 N.Y.S.2d 169

JOSELITO RIVERA, Respondent, v. FENIX CAR SERVICE CORP., Appellant.

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

Decided February 1, 2011.


Ordered that the order is affirmed, with costs.

The Supreme Court correctly denied the defendant's motion for summary judgment dismissing the complaint, as the defendant failed to establish its prima facie entitlement to judgment as a matter of law. The plaintiff was struck by a vehicle bearing the defendant's logo. The Supreme Court correctly determined that triable issues of fact exist as to whether the defendant exercised sufficient control over the driver of the...

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