FEBBRARO v. HERTZ CORP.


64 Misc.2d 794 (1970)

Enrique Febbraro, Plaintiff, v. Hertz Corporation et al., Defendants.

Civil Court of the City of New York, Trial Term, New York County.

November 9, 1970


Attorney(s) appearing for the Case

Weiner & Mandell (Harvey Mayer of counsel), for plaintiff. Cymrot, Wolin & Simon (Melvin Seifer of counsel), for defendants.


WILLIAM MERTENS, J.

By stipulation of the parties, the specific issue raised by the defendant Hertz' affirmative defense denying operation and control of the truck admittedly owned by it was tried by the court without a jury. All other issues as to liability and injuries were reserved for further disposition.

The Hertz truck was rented to Stillwater Trucking Corp. by Hertz on October 18, 1966 and was to be returned by October 28, 1966. The rental...

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