DANIELENKO v. RENT A CAR


57 N.Y.2d 198 (1982)

Frank Danielenko et al., Respondents, v. Kinney Rent a Car, Inc., Appellant, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided October 12, 1982.


Attorney(s) appearing for the Case

T. James Bryan for appellant.

Martin Szold for Frank Danielenko and others, respondents.

Charles Palella for Harold Spink, respondent.

Chief Judge COOKE and Judges JASEN, JONES, FUCHSBERG and MEYER concur; Judge GABRIELLI taking no part.


WACHTLER, J.

The essential thrust of plaintiffs' claim is that defendants were negligent in not posting a sufficient number of guards to protect against the surreptitious placement of a bomb in one of their vehicles and in not searching each vehicle prior to rental for detection of hidden harmful devices. Although it is clear that defendants owed plaintiffs a duty of reasonable care, we find that plaintiffs failed...

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