O'BOYLE v. AVIS RENT-A-CAR


78 A.D.2d 431 (1981)

Raymond T. O'Boyle, Individually and as Administrator of The Estate of Adele M. O'Boyle, Deceased, et al., Respondents-Appellants, v. Avis Rent-a-Car System, Inc., et al., Appellants-Respondents, et al., Defendants

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

January 19, 1981


Attorney(s) appearing for the Case

A. Paul Goldblum for Avis Rent-A-Car System, Inc., appellant-respondent.

Anthony J. Caputo, P. C. (Joseph J. Buderwitz, Jr., of counsel), for Gladys R. House, as Executrix of the Estate of G. Roland House, appellant-respondent.

Clark, Gagliardi & Miller (Henry C. Miller and Lawrence T. D'Aloise, Jr., of counsel), for Raymond T. O'Boyle, as Administrator of the Estate of Adele M. O'Boyle and another, respondents-appellants.

O'Keeffe & Moloney (Richard J. O'Keeffe of counsel), for Raymond T. O'Boyle, individually, and as Administrator of the Estate of Ann Marie O'Boyle, respondents-appellants.

HOPKINS, J. P., TITONE and COHALAN, JJ., concur.


LAZER, J.

The tragic vehicular accident underlying this action occurred when a 16-year-old employee at a gasoline station from which an Avis car rental agency was being operated drove in a rental car to pick up lunch, tarried briefly with his girlfriend passenger, and during the return collided with another automobile, killing two of its occupants and seriously injuring two others. In their ensuing action, the...

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