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CASSIDY v. DCFS TRUST

6112, 13369/08.

89 A.D.3d 591 (2011)

933 N.Y.S.2d 31

2011 NY Slip Op 8466

JOSEPH J. CASSIDY, Respondent, v. DCFS TRUST, Appellant, et al., Defendants.

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

Decided November 22, 2011.

DCFS Trust, as movant, failed to meet its initial burden to show prima facie entitlement to summary judgment (see CPLR 3212 [b]; Frees v Frank & Walter Eberhart L.P. No.1, 71 A.D.3d 491 [2010]), inasmuch as it did not offer competent proof that it was engaged in the business or trade of leasing or renting motor vehicles (including the vehicle driven by the individual defendant), as would entitle it to immunity from vicarious...

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