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VYRTLE TRUCKING CORP. v. BROWNE

2011-01089.

93 A.D.3d 716 (2012)

940 N.Y.S.2d 279

2012 NY Slip Op 1811

VYRTLE TRUCKING CORP., Respondent, v. JAMES M. BROWNE, Also Known as JAMES BROWNE, Appellant.

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

Decided March 13, 2012.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

Vehicle and Traffic Law § 388 (1) provides that, with the exception of bona fide commercial lessors of motor vehicles, which are exempt from vicarious liability by virtue of federal law (see 49 USC § 30106; Castillo v Amjack Leasing Corp.,

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