Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ASSOCIATE -- BOSTON, MA

The Business Litigation Group of the Boston office of McCarter & English seeks a litigation associate with 3-5 years of business litigat...


Apply Now ›
TRUSTS & ESTATES ATTORNEY

McCarter and English is actively seeking a trusts and estates associate for our Newark, NJ office with 3-5 years of experience in estate pla...


Apply Now ›
ENVIRONMENT & ENERGY ATTORNEY

McCarter & English, LLP is actively seeking an associate the to join its Environment & Energy Practice Group in Philadelphia, PA. Ca...


Apply Now ›
Go to Lawjobs