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BROWN v. McKENZIE

8518. 303309/14.

169 A.D.3d 595 (2019)

92 N.Y.S.3d 873

2019 NY Slip Op 01364

Tonjalaya Brown, Plaintiff, v. Derrick McKenzie, Respondent, and Value Store It, LLC, Appellant.

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

Decided February 26, 2019.

Value failed to establish entitlement to judgment as a matter of law under the Graves Amendment (49 USC § 30106 [a] [1]; Cassidy v DCFS Trust, 89 A.D.3d 591 [1st Dept 2011]). The evidence submitted by Value was insufficient to show that it was engaged in the trade or business of renting or leasing motor vehicles. Rather, the evidence showed that Value was in the business of renting storage space and that the certificate of title...

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