AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

MARTA J. MONTES SERRANO, Respondent, v. NEW YORK TIMES COMPANY, INC., Appellant, et al., Defendants.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

A parent company will not be held liable for the torts of its subsidiary unless it can be shown that the parent exercises complete dominion and control over the subsidiary ( see Billy v. Consolidated Mach. Tool Corp., 51 NY2d 152, 163; Potash v. Port Auth. of N.Y. N.J., 279 AD2d 562). Here, the plaintiff failed to oppose the prima facie showing by the appellant with sufficient evidence to raise a triable issue of fact as to whether the appellant so controlled the operations of the subsidiary company that it should be held liable for the negligence of the delivery truck driver. Moreover, the plaintiff made no showing that discovery might reveal the existence of facts within the appellant's control which would warrant the denial of the motion ( see CPLR 3212 [f]; Billy v. Consolidated Mach. Tool Corp., supra; Ruttura Sons Constr. Co. v. J. Petrocelli Constr., 257 AD2d 614).

Use AI to get other relevant cases.

Comments

SERRANO v. NEW YORK TIMES COMPANY, INC
(Jun 20, 2005)