MONETTE v. TRUMMER

No. 251 SSM 24.

22 N.Y.3d 944 (2013)

999 N.E.2d 174

976 N.Y.S.2d 696

2013 NY Slip Op 6808

ROBERT K. MONETTE et al., Appellants, v. CHRISTINA L. TRUMMER et al., Defendants, and JIM BALL PONTIAC-BUICK-GMC, INC., Respondent.

Court of Appeals of New York.

Decided October 22, 2013.


Attorney(s) appearing for the Case

Dwyer, Black & Lyle, LLP, Olean ( Jeffrey A. Black of counsel), for appellants.

Law Offices of Destin C. Santacrose, Buffalo ( Christopher R. Turner of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On these facts, we agree with the Appellate Division majority that defendant dealer satisfied its initial burden of proving that it was not an owner of the vehicle in question under Vehicle and Traffic Law § 128. Plaintiffs failed to raise a genuine issue of fact to support a contrary finding.

On review of submissions pursuant to section...

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