BENAVIDES v. VALUE RENT-A-CAR, INC.


230 A.D.2d 814 (1996)

646 N.Y.S.2d 632

Jose M. Benavides, Respondent, v. Value Rent-a-Car, Inc., Appellant, et al., Defendant

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

August 19, 1996


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Value Rent-A-Car, Inc., and the action against the remaining defendant is severed.

The defendant Value Rent-A-Car, Inc. (hereinafter Value) submitted sufficient proof to establish that the vehicle owned by it was being driven without its permission and consent at the time of the accident at issue. The plaintiffs failed...

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