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Decided on May 26, 2010
Supreme Court, Suffolk County

16249-09
JOHN L. JULIANO, PC Atty. For Plaintiffs 39 Doyle Ct. East Northport, NY 11731 GOLDBERG, SEGALLA, LLP Attys. For Defendants 11 Martine Ave.
White Plains, NY 10606
Thomas F. Whelan, J.
ORDERED that this motion (#
002) by defendant, Penske Truck Leasing, for summary judgment dismissing the plaintiffs' complaint, is considered under CPLR 3211(a)(7) and CPLR 3212 and is granted.
The plaintiffs commenced this action to recover damages for the personal injuries sustained by plaintiff, Marna J. Muller in a motor vehicle accident that occurred on February 23, 2009. According to the complaint, the injured plaintiff's injuries were sustained when the vehicle she was [*2]operating on Brooksite Drive in Smithtown, NY was struck in the rear by a truck operated by defendant, Michael A. Gilliard (hereinafter "Gilliard"). The truck was leased to defendant, International Paper Company (hereinafter "International"), by moving defendant Penske Truck Leasing (hereinafter "Penske"), which was the registered owner of the truck on the date of the accident.
By the instant motion, Penske seeks summary judgment dismissing the plaintiffs' complaint on the grounds that the plaintiffs have no cognizable claims for relief against it. In support of the motion, Penske asserts that as the lessor of the truck, it is not vicariously liable for the acts of either of its co-defendants by reason of the "Graves Amendment", a federally promulgated rule that exempts the vicarious liability provisions of VTL which would otherwise render an owner of a vehicle liable for the negligent acts of its permissible users of said vehicle. Penske further contends that the plaintiffs' second cause of action, which sounds in negligent entrustment is equally insufficient, since Penske did not entrust the truck to defendant, Michael A. Gilliard (hereinafter "Gilliard"). For the reasons set forth below, the motion is granted.
The Graves Amendment, now codified at 49 USC

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