NY court reversed denial of summary judgment to vehicle manufacturer/distributor, finding they made prima facie case showing they were not vicariously liable for actions of franchisee dealership and that plaintiff did not raise triable issue of fact.

The plaintiff brought a personal injury action against a vehicle dealership, a manufacturer and a distributor based on injuries allegedly sustained when the front driver’s-side wheel fell off shortly after the vehicle was serviced at the franchisee dealership. The manufacturer and distributor filed a motion for summary judgment, contending that they were not vicariously liable. The trial court denied said motion. 

The Supreme Court of New York, Appellate Division reversed, finding that the affidavits submitted by the manufacturer and distributor detailing that they lacked the requisite control over the manner in which the franchisee dealership serviced vehicles. Moreover, the plaintiff failed to raise a triable issue of fact in opposition. 
 

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