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Decided on June 27, 2008
Supreme Court, Bronx County

14299/06
Nelson Roman, J.
Defendants move seeking an Order granting defendant CHEE TRUCKING INC. (Chee) summary judgment over and against plaintiff. Defendants aver that insofar as defendant YUANG PING (Ping) was an independent contractor, Chee is not vicariously liable for his acts, in particular those acts alleged to have caused plaintiff's accident. In addition, defendants argue that Chee is entitled to summary judgment insofar the accident herein did not occur while Ping was using or operating the vehicle leased by Chee, so as to make Chee liable under VTL

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