TRAVALJA v. MAIELIANO TOURS


213 A.D.2d 155 (1995)

622 N.Y.S.2d 961

Albino Travalja et al., Appellants, v. Maieliano Tours, Respondent, et al., Defendant

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

March 2, 1995


Unlike Fogel v Hertz Intl. (141 A.D.2d 375) on which plaintiffs rely, the car rental voucher issued to plaintiffs clearly indicates that defendant Europa Cars was an independent contractor and not defendant Maieliano Tours' agent, and thus cannot "serve as a basis for vicarious liability" on the latter's part (supra, at 376). Nor do plaintiffs come forward with any evidence of advertising by defendant Maieliano of the type...

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