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ROBERT SEATON, Respondent, v. BUDGET RENT A CAR CORPORATION et al., Appellants, et al., Defendants.

Budget and Shyu are entitled to summary judgment dismissing the complaint as against them. The uncontradicted deposition testimony of plaintiff and Shyu establishes that neither Shyu nor Smith, the driver of the vehicle owned by Budget, contributed to the causation of the collision between plaintiff's vehicle and the vehicle driven by decedent Vicano. It should be noted that Vicano's vehicle was the only one that came into contact with plaintiff's vehicle. On a search of the record, we also grant summary judgment dismissing the complaint as against Smith, for the same reason summary judgment is being granted to Budget. We further note that the record establishes that plaintiff has abandoned his cause of action against Smith by failing to take proceedings for the entry of a default judgment against Smith within one year after Smith's apparent default ( see CPLR 3215 [c]).

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SEATON v. BUDGET RENT A CAR CORPORATION
(Sep 20, 2005)