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37 S. 5th Ave Corp. v. Dimensional Stone & Tile

Judgment Finding Penske Vicariously Liable Failed to Render Substantial Justice, Reversed

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DECISION & ORDER

*1 Appeal from a decision of the City Court of Mount Vernon, Westchester County (Adam Seiden, J.; op 43 Misc 3d 1216[A], 2014 NY Slip Op 50665[U] [2014]), dated April 24, 2014, deemed from a judgment of the same court entered April 24, 2014 (see CPLR 5512 [a]). The judgment, upon a submission of undisputed facts, awarded plaintiff the principal sum of $4,371.92 as against defendant Penske Leasing & Rental.ORDERED that the judgment is reversed, without costs, and the matter is remitted to the City Court for the entry of a judgment dismissing so much of the action as is against defendant Penske Leasing & Rental.In this commercial claims action, plaintiff seeks to recover the principal sum of $4,371.92 for property damage it sustained when a vehicle it owned was hit by a vehicle that was owned by defendant Penske Leasing & Rental (Penske) but had been rented by Penske to, and was driven by an employee of, defendant Dimensional Stone & Tile (Dimensional). Defendants did not contest the underlying facts of the collision or the amount of plaintiff’s damages; nor did Dimensional deny that it had signed a truck rental agreement with Penske, pursuant to which Dimensional had agreed to provide liability insurance on the rental vehicle and to indemnify Penske against all claims, damages and expenses which arose from Dimensional’s use of the rental vehicle. There was no claim that Penske had been negligent or had engaged in criminal wrongdoing. Following written submissions by

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