CASHMAN v. BERROA

8845, 301292/09.

101 A.D.3d 563 (2012)

955 N.Y.S.2d 511

2012 NY Slip Op 8790

THOMAS CASHMAN, Appellant, v. JOSE A. BERROA et al., Respondents.

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

December 20, 2012.


In this personal injury action, plaintiff alleges that he was struck by the side mirror of a van driven by defendant Berroa, and that Berroa was driving the van while in the course of his employment with defendant Parkchester.

Defendant Parkchester made a prima facie showing of its entitlement to judgment as a matter of law with evidence that Berroa owned the offending vehicle and was not employed by Parkchester at the time of the accident.

In opposition,...

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