Ordered that the order is affirmed insofar as appealed from, with costs.
The appellant moved pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it for failure to state a cause of action on the ground that it was not the owner of the offending vehicle at the time of the subject motor vehicle accident (see, CPLR 3211 [a] [7]). The appellant's motion papers failed to conclusively establish that it was not the owner of the offending...
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