Supreme Court of New York, Bronx County
October 3, 2022, Decided; October 3, 2022, Filed
INDEX NO. 805590/2022E
Reporter
2022 N.Y. Misc. LEXIS 7114 *
FELIX ROSARIO, Plaintiff, v. NORTHEAST TRUCK RENTAL LEASING LLC and EARL A. MOORE, Defendants.
Core Terms
leased, rental agreement, leasing company, allegations, lessee, avers
Judges: [*1] Hon. BIANKA PEREZ, Justice Supreme Court.
Opinion by: BIANKA PEREZ
Opinion
Upon the foregoing papers, it is ordered that this unopposed motion by defendant NORTHEAST TRUCK RENTAL LLC (Mot. Seq. 1) for an Order pursuant to CPLR 3211 (a) (7), dismissing Plaintiff’s Complaint against the movant pursuant to the Graves Amendment (49 USC § 30106), is decided in accordance herewith.
Plaintiffs Complaint seeks damages for alleged personal injuries arising out of a motor vehicle accident. Plaintiff alleges a vehicle owned by defendant Northeast Truck Rental Leasing LLC (“Northeast”) and operated by defendant Earl A. Moore made contact with Plaintiff’s vehicle. The accident is alleged to have occurred on November 30, 2019, on Crotona Avenue at or near its intersection with East 183 Street, Bronx County.
In support of the motion, defendant Northeast appends the affidavit of its managing officer, Joseph Movtady, a Rental Agreement, and an invoice. Movtady avers defendant Northeast’s vehicle was leased to non party 360 Distributors LLC pursuant to a rental agreement on or about May 24, 2019. The vehicle was returned to Northeast on February 25, 2020, after the subject accident occurred. Movtady avers that vehicle was in good working order and free of [*2] mechanical defects at the time the vehicle was leased to 360 Distributors LLC, and the lessee was responsible for the vehicle’s maintenance while in the lessee’s possession.
In considering a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must accept the facts as alleged in the complaint to be true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83 [1994]). The Graves Amendment bars vicarious liability actions against professional lessors and renters of vehicles, as would otherwise be permitted under Vehicle and Traffic Law § 388 (see Hernandez v Sanchez, 40 AD3d 446 [1st Dept 2007]). However, a claim based upon negligent maintenance is not barred by the Graves Amendment since the statute does not absolve leasing companies of their own negligence (see Collazo v MTA New York City Tr., 74 AD3d 642 [1st Dept 2010]).
Here, Plaintiffs allegations against defendant Northeast are predicated solely on the alleged ownership, operation, maintenance, and control of the defendant’s vehicle. Upon review of the record, and in the absence of opposition, Northeast has established that it is a leasing company and therefore cannot be held liable for the negligence of the defendant driver.
Accordingly, it is hereby
ORDERED that defendant [*3] Northeast’s motion (Mot. Seq. 1) seeking an Order dismissing Plaintiff’s Complaint against Northeast is GRANTED, and it is further
ORDERED, that the Clerk of the Court is directed to enter judgment dismissing the Complaint as against defendant NORTHEAST TRUCK RENTAL LLC.
This constitutes the Decision and Order of this Court.
Dated: October 3, 2022
Hon. /s/ Bianka Perez
BIANKA PEREZ, J.S.C.
End of Document
