SAMANTHA EISENBERG, ap, v. COPE BESTWAY EXPRESS, INC. def, CSX INTERMODAL, INC., ET AL., res

SAMANTHA EISENBERG, ap, v. COPE BESTWAY EXPRESS, INC. def, CSX INTERMODAL, INC., ET AL., res — (INDEX NO. 1936/11)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), entered October 2, 2013, which granted that branch of the motion of the defendants Interpool, Inc., and Interpool Titling Trust which was for summary judgment dismissing the complaint insofar as asserted against them, and the separate motion of the defendants CSX Intermodal, Inc., and CSX Transportation, Inc., for summary judgment dismissing the complaint insofar as asserted against them, and denied those branches of her cross motion which were for summary judgment determining that she sustained a serious injury within the meaning of Insurance Law §5102(d) as a result of the subject accident, and to dismiss the defenses against vicarious liability asserted by the defendants Interpool, Inc., and Interpool Titling Trust under 49 USC §30106, and the defense asserted by the defendants CSX Intermodal, Inc., and CSX Transportation, Inc., that they were not statutory owners of the subject motor vehicle under Vehicle and Traffic Law §128.

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SAMANTHA EISENBERG, ap, v. COPE BESTWAY EXPRESS, INC. def, CSX INTERMODAL, INC., ET AL., res — (INDEX NO. 1936/11)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), entered October 2, 2013, which granted that branch of the motion of the defendants Interpool, Inc., and Interpool Titling Trust which was for summary judgment dismissing the complaint insofar as asserted against them, and the separate motion of the defendants CSX Intermodal, Inc., and CSX Transportation, Inc., for summary judgment dismissing the complaint insofar as asserted against them, and denied those branches of her cross motion which were for summary judgment determining that she sustained a serious injury within the meaning of Insurance Law §5102(d) as a result of the subject accident, and to dismiss the defenses against vicarious liability asserted by the defendants Interpool, Inc., and Interpool Titling Trust under 49 USC §30106, and the defense asserted by the defendants CSX Intermodal, Inc., and CSX Transportation, Inc., that they were not statutory owners of the subject motor vehicle under Vehicle and Traffic Law §128.

ORDERED that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff’s cross motion which was for summary judgment determining that she sustained a serious injury within the meaning of Insurance Law §5102(d) as a result of the subject accident, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed, with one bill of costs payable by the plaintiff to the defendants Interpool, Inc., Interpool Titling Trust, CSX Intermodal, Inc., and CSX Transportation, Inc., and one bill of costs payable by the defendants Cope Bestway Express, Inc., James G. Wright, Orcun Apak, and Munur Apak to the plaintiff.

SAMANTHA EISENBERG, ap, v. COPE BESTWAY EXPRESS, INC. def, CSX INTERMODAL, INC., ET AL., res

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