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SCHUYLER v. PERRY

2008-06517

69 A.D.3d 33 (2009)

2009 NY Slip Op 6825

886 N.Y.S.2d 228

NICOLE SUE SCHUYLER, Appellant, v. CARMEN M. PERRY, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 29, 2009.

Attorney(s) appearing for the Case

Schonberg Law Offices of the Hudson Valley, P.C., Central Valley (Susan R. Nudelman of counsel), for appellant.

O'Connor Redd, LLP, White Plains (Panita Phanichayakarn of counsel), for respondent.

SPOLZINO, J.P., COVELLO and ANGIOLILLO, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

The question before this Court is whether Vehicle and Traffic Law § 388(1) may be invoked by the defendant Carmen M. Perry, an allegedly negligent operator of one vehicle involved in a two-vehicle collision, in order to interpose a counterclaim against the plaintiff, who was both the owner of and the passenger in the other vehicle, thus imposing vicarious liability upon the plaintiff for the negligent acts of the operator...

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