Opinion

Makoske v. Lombardy

  • 47 A.D.2d 284
  • 366 N.Y.S.2d 475
  • 1975 N.Y. App. Div. LEXIS 9230
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 17, 1975
Status
Published
Author
Herlihy
On the bench
Greenblott, Herlihy, Kane
Cited by
25 cases
Authority
More cited than 0.7%

The opinion

Herlihy, P. J.

(concurring). While I concur in the majority decision, I would make the following observation.

It is not disputed that the Lombardy car was used for transportation to the Saratoga meeting place at the specific insistence of his employer. In this regard, the use of the automobile and its attribution to the employer is vastly different from the situation which was disclosed in the case of Lundberg v State of New York ( 25 NY2d 467 ). It should be further noted that the Lundberg decision was an appeal from a judgment after trial. The present record does not clearly establish the inapplicability of the doctrine of respondeat *289 superior and, accordingly, the trial court properly denied the appellant’s motion for summary judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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