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 1, 2008. The Appellate Division affirmed an order of the Supreme Court, Kings County (Gloria M. Dabiri, J.), which had denied plaintiff's cross motion for leave to amend the complaint to name Alamo Financing, L.P. and ANC Rental Corporation as additional defendants. 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 enactment of the federal Graves Amendment ( 49 USC § 30106), and moved to add the vehicle lessors as party defendants after the effective date of the amendment. 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.
Rawlings v National Car Rental Sys., Inc., 48 AD3d 389, reversed.
Pollack, Pollack, Isaac De Cicco, New York City ( Brian J. Isaac of counsel), for appellant.
Smith Mazure, New York City ( Joel M. Simon and J. Jay Young of counsel), for nonparty 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, plaintiff's cross motion for leave to amend the complaint to add Alamo Financing, L.P. and ANC Rental Corporation as additional defendants granted, and certified question answered in the negative ( see Jones v Bill, 10 NY3d 550 [decided today]).