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DAVIDO v. SALAZAR

5935, 306128/08

89 A.D.3d 463 (2011)

931 N.Y.S.2d 876

2011 NY Slip Op 7730

ANGELA DAVIDO, Respondent-Appellant, v. JORGE SALAZAR et al., Defendants, and JUDA CONSTRUCTION, LTD., Appellant-Respondent.

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

Decided November 3, 2011.

Juda failed to establish its entitlement to judgment as a matter of law on its defense that the Graves Amendment applied to shield it from vicarious liability for plaintiff's injuries (see 49 USC § 30106; Graham v Dunkley, 50 A.D.3d 55, 57-58 [2008], appeal dismissed 10 N.Y.3d 835 [2008]). The record presents triable issues of fact with respect to whether Juda was a bona fide...

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