ULLERY v. NAT'L CAR RENTAL SYS., INC.


28 A.D.2d 1111 (1967)

Thomas Ullery, Respondent, v. National Car Rental System, Inc., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 21, 1967


Order, entered July 12, 1967, denying defendant-appellant's motion for summary judgment, unanimously reversed, on the law, with $50 costs and disbursements to appellant and the motion is granted.

Plaintiff does not have a cause of action against defendant-appellant, since the negligence of the operator of the truck is to be imputed to plaintiff. Plaintiff, the lessee of the truck, was a passenger at the time of the happening of the accident. He had the legal right...

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