December 12, 2018 – M&H Wins Reversal Of Summary Judgment Against Cyclist Struck By Automobile

In this personal injury action, the Appellate Division, Second Department, reversed the lower court’s order awarding summary judgment to the automobile driver and reinstated the cyclist’s complaint, in addition to granting the cyclist’s previously denied motion to compel discovery. In so holding, the Second Department embraced M&H’s argument on appeal that someone other than the titleholder [ie., the husband of the titleholder] exercised the requisite “dominion and control” over the vehicle, so as to be a proper defendant.

Portillo v. Carlson