The following e-filed documents, listed by NYSCEF document number (Motion 001) 13, 14, 15, 16, 17, 18, 19, 20, 21 were read on this motion to/for JUDGMENT — SUMMARY. DECISION + ORDER ON MOTION Defendant, Daimler Trust (“Daimler”) moves for an order pursuant to CPLR §3211(a)(7) dismissing Plaintiff Miguel Vasquez’s (“Plaintiff”) complaint for failure to state of cause of action, and for an order pursuant to CPLR §3212 granting summary judgment on the grounds that Federal Statute 49 United States Code §30106 precludes liability against the leasing company in a motor vehicle accident. Daimler further moves to sever the dismissed action from the remaining action. The motion is unopposed. For the reasons stated herein, Daimler’s motion is granted. BACKGROUND October 17, 2022, Plaintiff sustained injuries because of a motor vehicle accident on West 181st Street at the intersection of Saint Nicholas Avenue (NYSCEF Doc No. 14, Kelly affirmation 4). Plaintiff was traveling on Saint Nicholas Avenue when Defendant Ada Vasquez (“Defendant Vasquez”) ran a red light and struck Plaintiff’s vehicle (NYSCEF Doc No. 1, Vasquez Complaint 41). Defendant P.O. John Doe was in pursuit of Defendant Vasquez at the time (id. 40). Defendant Vasquez was driving a 2021 Mercedes Benz, bearing the license plate HVW9695 (id. 15). Defendant Vasquez leased the vehicle from Silver Star Motors on January 14, 2021 (NYSCEF Doc No. 14, Kelly affirmation 8). Thereafter Silver Star Motors assigned the lease to Daimler (NYSCEF Doc No. 19, McClurg affidavit 3). Daimler is a foreign corporation engaged in the business of purchasing motor vehicle lease agreements and the vehicles related thereto (id. 4). Plaintiff commenced this action against the City of New York, P.O. John Doe, Daimler Trust, and Ada Vasquez on May 5, 2023. Issued was joined by Daimler on August 8, 2023. Daimler brought the instant motion on February 8, 2024. In support of the motion, Daimler contends that Plaintiff failed to state a cause of action, and summary judgment is proper because Daimler is the owner/lessor of the vehicle and as such cannot be held liable for Plaintiff’s injuries pursuant to Federal Statute 49 United States Code §30106. Daimler proffers a copy of the lease agreement between Silver Star Motors and Defendant Vasquez and an affidavit by Todd McClurg, Collections Group Leader for Mercedes-Benz Financial Services USA LLC. Daimler avers that Defendant Vasquez is not an agent, servant, or employee, and was not acting on the express or implied authorization of Daimler (NYSCEF Doc No. 19, McClurg affidavit 5). Further, Daimler does not have any knowledge of the circumstances surrounding the accident and aside from the lease agreement, there was no relationship between Daimler and Defendant Vasquez (id.
