LANDERS v. HOWELL MOTORS, INC.

271 CA 19-02363.

192 A.D.3d 1669 (2021)

141 N.Y.S.3d 387

2021 NY Slip Op 01904

Onnalee F. Landers, Individually and as Executor of the Estate of Francis J. Landers, Deceased, Respondent, v. Howell Motors, Inc., et al., Appellants.

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

Decided March 26, 2021.


Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( GARRY M. GRABER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

MUSCATO, DIMILLO & VONA, LLP, LOCKPORT ( GEORGE V.C. MUSCATO , OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present— Peradotto, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this litigation arising from a dispute over the ownership of a motor vehicle, defendants appeal from an order denying their motion for summary judgment dismissing the complaint. We affirm. Ownership of a vehicle passes "when the parties intend that it pass" (Abele Tractor & Equip. Co., Inc. v Schaeffer,

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