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MAURILLO v. PARK SLOPE U-HAUL

194 A.D.2d 142 (1993)

Michael Maurillo et al., Respondents, v. Park Slope U-Haul et al., Appellants, Amerco Lease Company et al., Defendants and Third-Party Plaintiffs-Appellants. Overhead Door Corporation et al., Third-Party Defendants-Appellants

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

December 27, 1993

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City (Jeffrey S. Lichtman and Steven F. Napolitano of counsel), for Park Slope U-Haul and others; Newman, O'Malley & Epstein, P. C., New York City (Lawrence Epstein of counsel), for Alex Maurillo, Jr.; and C'Connor, McGuinness, Conte, Doyle, Oleson & Collins, White Plains (Kevin M. Loftus of counsel), for Overhead Door Corporation and others, appellants. (One brief filed.)

Gair, Gair, Conason Steigman & Mackauf, New York City (Herman Schmertz of counsel), for respondents.

LAWRENCE, J. P., EIBER and O'BRIEN, JJ., concur.

SANTUCCI, J.

On this appeal we are asked to consider whether a cause of action for indemnification arising from a one-vehicle accident may be based upon an intrafamilial concept of principal and agency. On the facts of this case, we conclude that such a cause of action may be asserted.

On July 23, 1987, the plaintiff Alex Maurillo, Sr., asked his three sons...

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