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CHRYSLER v. PUB. ADMIN.

85 A.D.2d 410 (1982)

Chrysler Leasing Corp. et al., Respondents-Appellants, v. Public Administrator, New York County, as Administrator of The Estate of Adolphus Benson, Deceased, et al., Appellants-Respondents, et al., Defendant

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

March 23, 1982

Attorney(s) appearing for the Case

Joseph F.X. Savona of counsel (John F. Scully with him on the brief; Griffin, Scully & Savona, attorneys), for Federal Insurance Company, appellant-respondent.

Marian Polovy of counsel (William F. Laffan, Jr., and Irene Siegel with her on the brief; Evans, Orr, Pacelli, Norton & Laffan, P. C., attorneys), for American Motorists Insurance Company, appellant-respondent.

Elinore B. Klein of counsel (Remo J. Acito with her on the brief; Acito & Klein, P. C., attorneys), for Public Administrator of New York County and others, appellants-respondents.

Michael S. Belohlavek of counsel (Philip D. Pakula with him on the brief; Townely & Updike, attorneys), for respondents-appellants.

Howard McGratty for Employers Surplus Insurance Company, defendant.

KUPFERMAN, J. P., BIRNS and FEIN, JJ., concur.

SANDLER, J.

On July 8, 1966, acting under the instructions of his employer Herbert Siegel, who was an executive of the Baldwin-Montrose Chemical Co. (Baldwin-Montrose), Adolphus Benson picked up a vehicle from Avis Rent-A-Car (Avis), charging the rental to Siegel's corporate credit card.

Paragraph 5 of the rental agreement, on the reverse side, sets forth that the renter and any authorized operator participates...

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