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HOME DEPOT RENTED A TRUCK TO A MAN WHO DROVE THE TRUCK INTO A CROWD OF PEDESTRIANS AND BICYCLISTS; THE COMPLAINT DID NOT STATE A CAUSE OF ACTION FOR NEGLIGENT ENTRUSTMENT; THE MOTION COURT IMPROPERLY TREATED THE MOTION TO DISMISS AS A MOTION FOR SUMMARY JUDGMENT; ALTHOUGH THE ALLEGATIONS IN THE COMPLAINT ARE DEEMED TRUE FOR A MOTION TO DISMISS, HERE THOSE ALLEGATIONS WERE PROPERLY REFUTED BY AFFIDAVITS AND DEPOSITIONS SUBMITTED BY HOME DEPOT (FIRST DEPT).

The First Department, reversing Supreme Court, determined plaintiffs did not state a cause of action for negligent entrustment against defendant Home Depot, which rented a truck to Saipov, referred to in the decision as a “terrorist,”  who drove the truck into a crowd of pedestrians and bicyclists. The First Department noted that the motion court improperly treated the motion to dismiss as a motion for summary judgment. The First Department further noted that, although allegations in the complaint are deemed to be true for analysis of a motion to dismiss, affidavits and other documents submitted by a defendant can properly refute the allegations made in the complaint, and did so here:

… “[F]actual allegations presumed to be true on a motion pursuant to CPLR 3211 may properly be negated by affidavits and documentary evidence” … .

Plaintiffs’ complaints allege that Home Depot negligently entrusted the vehicle to Saipov when it knew or should have known that his use of the pickup truck could be potentially dangerous to others, and that it should have refused to rent it to him. These allegations, even when viewed in the light most favorable to plaintiffs, do not state a cause of action for negligent entrustment. Moreover, documentary evidence as well as deposition testimony submitted by Home Depot conclusively refute these allegations.

… Home Depot established that it did not have “some special knowledge concerning a characteristic or condition peculiar” to Saipov which would render his use of the truck “unreasonably dangerous” … . Grandelli v City of New York, 2025 NY Slip Op 02154, First Dept 4-15-25

Practice Point: On a motion to dismiss, the allegations in the complaint are deemed to be true. However, those allegation can be negated by affidavits, depositions and other documents submitted by a defendant. The submission of such documents does not convert a motion to dismiss to a motion for summary judgment.

 

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