# Makoske v. Lombardy

> Appellate Division of the Supreme Court of the State of New York · April 17, 1975 · 47 A.D.2d 284

URL: https://www.frixlaw.com/law-library/cases/5795970

## Case

- **Full name:** Mary Makoske v. Ralph J. Lombardy, Defendant John W. Trolenberg, and Third-Party Plaintiff-Respondent Montgomery Ward & Co., Inc., Third-Party
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 17, 1975
- **Citations:** 47 A.D.2d 284; 366 N.Y.S.2d 475; 1975 N.Y. App. Div. LEXIS 9230
- **Precedential status:** Published
- **Opinion:** Concurrence by Herlihy
- **Judges:** Greenblott, Herlihy, Kane
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5795970

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5795970. Public record. Not legal advice.