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HERTZ CORP. v. PALONI

No. 4439.

619 P.2d 1256 (1980)

95 N.M. 212

The HERTZ CORPORATION, Rent-a-Car Division, a Delaware Corporation, Plaintiff-Appellant, Cross-Appellee, v. John PALONI, Defendant-Appellee, Cross-Appellant.

Court of Appeals of New Mexico.

November 6, 1980.

Attorney(s) appearing for the Case

James M. Kennedy, Coors, Singer & Stratton, P.A., Albuquerque, for plaintiff-appellant.

Robert D. Levy, Conway & Levy, P.A., Albuquerque, for defendant-appellee.

L. Michael Messina, Messina, Turk & Hughes, Albuquerque, for defendant-appellee.

OPINION

LOPEZ, Judge.

Hertz sued Paloni in district court for damages arising from lost revenue and use of one of its rental vehicles which had been stolen and was recovered on Paloni's business premises, the Standard Truck Stop in Albuquerque. Paloni counterclaimed for storage fees and also requested damages for abuse of process. The vehicle had been abandoned at Paloni's truck stop. Paloni had been aware of its presence there for about ten months. When...

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