General

Angela Davido, Respondent-Appellant, v. Jorge Salazar et al., Defendants, and Juda Construction, Ltd., Appellant-Respondent

89 A.D.3d 463931 N.Y.S.2d 876·New York Supreme Court, Appellate Division·2011·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Angela Davido, Respondent-Appellant, v Jorge Salazar et al., Defendants, and Juda Construction, Ltd., Appellant-Respondent. [931 NYS2d 876] [MAJORITY] Juda failed to establish its entitlement to judgment as a matter of law on its defense that the Graves Amendment applied to shield it from vicarious liability for plaintiffs injuries (see 49 USC § 30106; Graham v Dunkley, 50 AD3d 55, 57-58 [2008], appeal dismissed 10 NY3d 835 [2008]). The record presents triable issues of fact with respect to whether Juda was a bona fide commercial lessor of motor vehicles and whether it had entered into a valid lease agreement with JCV which was Salazar’s employer. Concur — Mazzarelli, J.E, Saxe, Acosta, DeGrasse and Manzanet-Daniels, JJ.