Levitt v. Peluso
Supreme Court of New York
638 N.Y.S.2d 878 (1995)
While riding in the passenger seat of a vehicle permissively driven by Patrick Peluso (defendant), Russell DiBenedetto (defendant) threw an egg at Jon Levitt (plaintiff) as he walked on the sidewalk. The egg struck Levitt in the eye causing him serious injuries. Levitt filed suit against defendants and Patrick’s father Eugene Peluso (defendant), the owner of the vehicle, alleging a violation of § 388 of the state’s Vehicle and Traffic Law (VTL), which imposed vicarious liability against the owner of a vehicle for an injury resulting from negligence from the permissive use or operation of the car. Levitt filed a motion for summary judgment against Eugene Peluso. Eugene Peluso filed a motion to dismiss Levitt’s complaint.
Rule of Law
Holding and Reasoning (McCaffrey, J.)
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