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Vehicle Leasing: Graves Amendment Held Inapplicable to Leased Trailers

By Adam J. Schlagman

If you or your clients are in the business of leasing the trailer portions of tractor-trailers take note, a New York County trial court judge has ruled that 49 U.S.C. ' 30106, (“the Graves Amendment”), does not pre-empt actions alleging vicarious liability with respect to “delivery equipment” that does not contain a motor. See Lee v. Rivera, No. 107547/07, New York County Supreme Court, Justice Paul Wooten (July 31, 2009).

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