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CUNNINGHAM v. McNAIR

48 A.D.2d 546 (1975)

Maryetta Cunningham, Respondent, v. Columbus McNair et al., Defendants; Clifton Thompson, Respondent, and Avis Rent-a-Car, Inc., Appellant

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

July 10, 1975

Attorney(s) appearing for the Case

Richard S. Wolfeld of counsel (Cooperstein & Wolfeld, P. C., attorneys), for appellant.

Philip Hoffer of counsel (Rose L. Hoffer and Peter T. Affatato with him on the brief; Raymond J. MacDonnell, attorney), for respondent.

MARKEWICH, J. P., and YESAWICH, J., concur with LUPIANO, J.; CAPOZZOLI and NUNEZ, JJ., dissent in an opinion by NUNEZ, J.

LUPIANO, J.

Plaintiff, a New York resident, was a passenger in an automobile owned by a New York resident and driven by another New York resident on a trip which began in New York and was due to terminate in New York. While driving through Maryland on April 10, 1971, the New York vehicle was involved in an accident with a vehicle owned by defendant Avis Rent-A-Car, Inc. (hereinafter Avis), which was registered...

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