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Lopez v. Ford Motor Credit Company

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 1997
238 A.D.2d 211 (N.Y. App. Div. 1997)

Opinion

April 17, 1997


Orders, Supreme Court, New York County (Louis York, J.), entered February 28, 1996 and on or about May 6, 1996, which denied defendant-appellant's motion for summary judgment, and, upon reargument, adhered to that decision, unanimously affirmed, without costs.

The motion was properly denied in view of the conflict between the sales invoice, which indicates that appellant sold the offending vehicle several months before the accident, and the police report prepared at the scene of the accident and the police Property Clerk's invoice prepared later that day, which indicate that appellant still owned the vehicle at the time of the accident. The police report is admissible as a business record since the driver of the offending vehicle was under a duty to provide the responding officer with a certificate of registration (Vehicle and Traffic Law § 401), and the report indicates that any information as to ownership of the offending vehicle came from this document ( cf., Balboa Ins. Co. v. Alston, 141 A.D.2d 364). We have considered appellant's remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Nardelli, Williams and Tom, JJ.


Summaries of

Lopez v. Ford Motor Credit Company

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 1997
238 A.D.2d 211 (N.Y. App. Div. 1997)
Case details for

Lopez v. Ford Motor Credit Company

Case Details

Full title:DANIEL LOPEZ, Respondent, v. FORD MOTOR CREDIT COMPANY, Appellant, et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 17, 1997

Citations

238 A.D.2d 211 (N.Y. App. Div. 1997)
656 N.Y.S.2d 257

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