REIFSNYDER v. PENSKE TRUCK LEASING CORPORATION

1527, 108546/09.

140 A.D.3d 572 (2016)

34 N.Y.S.3d 37

2016 NY Slip Op 05022

MICHAEL REIFSNYDER, Respondent, v. PENSKE TRUCK LEASING CORPORATION et al., Appellants, et al., Defendants.

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

Decided June 23, 2016.


Penske established its entitlement to summary judgment under the Graves Amendment (see 49 USC § 30106 [a]) by showing that the accident in which a truck owned by it struck and killed plaintiff's decedent was not caused by any negligent maintenance on its part (see Villa-Capellan v Mendoza, 135 A.D.3d 555 [1st Dept 2016]; see also Costello v Panavision of N.Y., 8 A.D.3d 143, 143...

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