Opinion
November 21, 1967
Order, entered July 12, 1967, denying defendant-appellant's motion for summary judgment, unanimously reversed, on the law, with $50 costs and disbursements to appellant and the motion is granted. Plaintiff does not have a cause of action against defendant-appellant, since the negligence of the operator of the truck is to be imputed to plaintiff. Plaintiff, the lessee of the truck, was a passenger at the time of the happening of the accident. He had the legal right to control its operation, and the negligent conduct of the operator is imputable to him. ( Gochee v. Wagner, 257 N.Y. 344, 348; Piragnoli v. State of New York, 280 App. Div. 849, affd. 305 N.Y. 586; Rasher v. State of New York, 3 Misc.2d 324; Mosher v. State of New York, 204 Misc. 580.)
Concur — Stevens, J.P., Steuer, Capozzoli, McNally and McGivern, JJ.