Opinion
Decided June 5, 2008.
APPEAL, by permission of the Appellate Division of the Supreme Court in the Second Judicial Department, from an order of that Court, entered February 19, 2008. The Appellate Division affirmed an order of the Supreme Court, Suffolk County (Emily Pines, J.; op 14 Misc 3d 1229[A], 2007 NY Slip Op 50210[U]), which had granted a motion by defendants GMAC Leasing Corp., General Motors Acceptance Corp. and Vaul Trust Corp. to dismiss the complaint as against them. The following question was certified by the Appellate Division: "Was the decision and order of this Court properly made?"
Plaintiff commenced this personal injury action, arising from an automobile accident, prior to the effective date of the federal Graves Amendment ( 49 USC § 30106) and filed an amended complaint adding the vehicle lessor defendants after the amendment's effective date. On appeal to the Court of Appeals, plaintiff contended that the Graves Amendment did not bar the action against the lessors since the action had been commenced prior to its effective date.
Johnson v Kling, 48 AD3d 637, reversed.
Alexander J. Wulwick, New York City, and Schwartzapfel Truhowsky Marcus Sachs, P.C., Huntington, for appellant.
Bivona Cohen, P.C., New York City ( Anthony J. McNulty, Roderick J. Coyne and Adam J. Silbert of counsel), for respondents.
Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order reversed, with costs, motion of defendants GMAC Leasing Corp., General Motors Acceptance Corp. and Vaul Trust Corp. to dismiss the complaint against them denied, and certified question answered in the negative ( see Jones v Bill, 10 NY3d 550 [decided today]).