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Martinez v. Bernard

Claims Dismissed as Defendant Relinquished Control of Vehicle

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Recitation, as required by CPLR §2219(a), of the papers considered in the review of this motion for summary judgment: Papers  NYSCEF Doc. No(s). Notice of Motion, Affirmation in Support, Statement of Material Facts, Exhibits Thereto           22-27 DECISION/ ORDER In this motor vehicle negligence action, defendant, Moretran Lease Services LLC d/b/a Moretran Leasing Corp. (“Moretran”), seeks an Order, pursuant to CPLR §3212, granting summary judgment and dismissing plaintiff’s Complaint against it on the ground that plaintiff’s claims of vicarious liability are preempted by the Graves Amendment (49 U.S.C. §30106). No party has opposed the motion. For the reasons stated below, Moretran’s motion is granted. The instant action arises from personal injuries allegedly sustained by plaintiff, Francis A. Del Jesus Martinez (“Plaintiff”), on August 26, 2021, when a vehicle owned by Moretran and operated by co-defendant, Aurora G. Bernard, came in contact with plaintiff’s vehicle while on Brook Avenue near its intersection with 138th Street, in Bronx County, New York (NYSCEF Doc No 1). In his complaint, among other allegations, plaintiff claims that Moretran owned and maintained the 2020 Freightliner truck involved in the accident and that it was “negligent, careless and reckless in [its] ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicle” (id. at

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