Monette v Trummer

Monette v Trummer 2013 NY Slip Op 06808 Decided on October 22, 2013 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 22, 2013
No. 251 SSM 24

[*1]Robert K. Monette et al., Appellants,

v

Christina L. Trummer, et al., Defendants, Jim Ball Pontiac-Buick-GMC, Inc.,




Respondent.
Submitted by Jeffrey A. Black, for appellants.
Submitted by Christopher R. Turner, for respondent.


MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs. [*2]

On these facts, we agree with the Appellate Division majority that defendant dealer satisfied its initial burden of proving that it was not an owner of the vehicle in question under Vehicle and Traffic Law § 128. Plaintiffs failed to raise a genuine issue of fact to support a contrary finding.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.
Decided October 22, 2013