MORRIS v. SNAPPY CAR RENTAL


84 N.Y.2d 21 (1994)

637 N.E.2d 253

614 N.Y.S.2d 362

Barbara J. Morris, Appellant-Respondent, v. Snappy Car Rental, Inc., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided June 16, 1994.


Attorney(s) appearing for the Case

H. Jeffrey Marcus, Buffalo, and Thomas H. Burton for appellant-respondent.

Burgio, Kita & Curvin, Buffalo (Steven P. Curvin of counsel), for respondent-appellant.

Rivkin, Radler & Kremer, Uniondale (Arthur J. Kremer, Evan H. Krinick and Christine M. Metzner of counsel), for Enterprise Rent-A-Car and others, amici curiae.

Cellino, Bernstein, Dwyer & Barnes, Buffalo (Robert E. Dwyer of counsel), for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.


CIPARICK, J.

In this personal injury action by plaintiff car renter against defendant car rental agency, we are required to decide whether and to what extent plaintiff is bound by an indemnification provision contained in the rental agreement requiring her to indemnify defendant for liability arising out of the use of the vehicle which exceeds the insurance coverage defendant is required to maintain under State...

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