Recitation, as required by CPLR § 2219(a), of the papers considered in the review of this motion for summary judgment:

Papers       & nbsp;      NYSCEF Doc. No(s).

In this motor vehicle negligence action, defendant, Moretran Lease Services LLC d/b/a Moretran Leasing Corp. ("Moretran"), seeks an Order, pursuant to CPLR § 3212, granting summary judgment and dismissing plaintiff's Complaint against it on the ground that plaintiff's claims of vicarious liability are preempted by the Graves Amendment (49 U.S.C. § 30106). No party has opposed the motion. For the reasons stated below, Moretran's motion is granted.

The instant action arises from personal injuries allegedly sustained by plaintiff, Francis A. Del Jesus Martinez ("Plaintiff"), on August 26, 2021, when a vehicle owned by Moretran and operated by co-defendant, Aurora G. Bernard, came in contact with plaintiff's vehicle while on Brook Avenue near its intersection with 138th Street, in Bronx County, New York (NYSCEF Doc No 1). In his complaint, among other allegations, plaintiff claims that Moretran owned and maintained the 2020 Freightliner truck involved in the accident and that it was "negligent, careless and reckless in [its] ownership, operation, management, maintenance, supervision, use [*2]and control of the aforesaid vehicle" (id. at ¶¶ 15, 18 and 53). Notwithstanding, Moretran moves for summary judgment asserting that the Graves Amendment bars plaintiff's claims against it.

Under the Graves Amendment, the owner of a leased vehicle will not be held vicariously liable for the negligent operation of that vehicle where the owner proves that it is engaged in the business of renting or leasing motor vehicles, and it was not otherwise negligent (Casie v Wesner, 165 AD3d 749 (2nd Dept. 2018)). The Graves Amendment may not apply, however, where, as here, a plaintiff seeks to hold a vehicle owner liable for the alleged failure to maintain a rented vehicle (Olmann v Neil, 132 AD3d 744 [2nd Dept 2015]). Understood this way, the sufficiency of the evidence supporting plaintiff's allegation of negligent maintenance becomes central to the court's consideration of this motion.

In support of the motion, Moretran submits the affidavit of its Vice President, Josh Mironov ("Mironov"), who avers that "Moretran, is in the regular business of leasing and renting motor vehicles" (id. NYSCEF Doc No 26 at ¶ 4). In the affidavit, Mironov also acknowledges that Moretran leased a 2020 Freightliner truck bearing New Jersey State registration XKWB23 to Delicias Real Fruit II LLC ("Delicias"), which truck was in an accident on August 26, 2021, while it was being driven by co-defendant, Aurora G. Bernard ("Bernard")(id. at ¶ 5). Mironov denies that Moretran either "employed, controlled or directed" Bernard at any time relevant to the underlying accident (id. at ¶ 6). Finally, Mironov attests that his "search of Moretran records show no complaints or mechanical issues concerning the vehicle in question, its maintenance, or its repair" (id. at ¶ 9).

Mironov also annexed a Lease Agreement ("Agreement") to his affidavit pursuant to which Delicias appears to lease from Moretran a 2020 Freightliner Model 250 truck from March 12, 2021, through March 11, 2026 (id. at Ex 1). Critical here, Article 13 of the Agreement, entitled Repairs and Maintenance, expressly states as follows:

a) Lessee (Delicias) shall pay any and all costs, expenses, fees and charges incurred in connection with the use and operation of the equipment during the term of this agreement including without limitation fuel, oil, lubrication, repairs, maintenance, tires, storage, parking, tools, fines, towing and servicing costs.

b) Lessee (Delicias) shall maintain and service the equipment on a regular basis and in accordance with the manufacturer's and Lessor's recommendations.

In view of the above, Moretran has met its prima facie burden of showing that it was engaged in the business of renting or leasing motor vehicles when it relinquished control of the Freightliner truck at issue to Delicias. Furthermore, the Agreement between Moretran and Delicias expressly transfers to Delicias the obligation to maintain said truck which was involved in the underlying accident approximately five months after Delicias took possession of same. Finally, Moretran's representation, through its Vice President Mironov, that it neither employed nor controlled the truck driver at the time of incident, which representation is uncontested, eliminates all other grounds of possible liability against it.

Accordingly, it is hereby:

ORDERED that the motion of defendant, Moretran Lease Services LLC, d/b/a Moretran Leasing Corp., for summary judgment based on the Graves Amendment is GRANTED, without opposition, and it is further,

ORDERED that defendant, Moretran Lease Services LLC d/b/a Moretran Leasing Corp., shall serve a copy of this Order with Notice of Entry within thirty (30) days of entry of this Order.

The foregoing constitutes the Decision and Order of the Court.