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LAYAW v. MAGUIRE FORD

164 Misc.2d 113 (1995)

623 N.Y.S.2d 731

Douglas D. Layaw, Plaintiff, v. Maguire Ford Lincoln Mercury, Inc., et al., Defendants.

Supreme Court, Tompkins County.

February 22, 1995

Attorney(s) appearing for the Case

Holmberg, Galbraith, Holmberg & Orkin, Ithaca (Dirk A. Galbraith of counsel), and Thaler & Thaler, Ithaca (Guy K. Krogh of counsel), for plaintiff. Levene, Gouldin & Thompson, Binghamton (John J. Pollock of counsel), for Maguire Ford Lincoln Mercury, Inc., defendant, Hickey, Sheehan & Gates, Binghamton (Gregory A. Gates of counsel), for Patrick P. Pascucci, defendant.

WALTER J. RELIHAN, JR., J.

FACTS

The plaintiff rented a van from defendant, the Maguire auto dealership, in order to transport musicians to and from an engagement. Plaintiff told Maguire that he and others would be driving the vehicle. Maguire asked plaintiff to produce the operator's license of the additional drivers. Plaintiff could not comply. Maguire thereupon marked "none" in the space provided...

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