CASE THROWN OUT BECAUSE IT WASN’T THE DEFENDANT’S CAR
After a personal injury lawsuit was filed against Pasha Enterprises Corp, the defendant moved for pre-trial relief in its favor (via a motion for summary judgment). And when that request was denied by the Bronx County Supreme Court, an appeal followed.
On its review of the record, the AD1 noted that Pasha didn’t own the vehicle that caused the accident. And, in fact, not only did it “not own any vehicles” but it wasn’t the entity named in the police report.
Given that backdrop, the AD1 “unanimously reversed” and threw the case against Pasha out, because the plaintiff “failed to raise an issue of fact as to whether defendant owned the vehicle in question.”
Think the plaintiff will own up to that?
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DECISION