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BROWN v. AGENCY RENT-A-CAR, INC.

234 A.D.2d 82 (1996)

650 N.Y.S.2d 220

Christopher Brown, Respondent, v. Agency Rent-a-Car, Inc., Appellant, and Leonard Ackman et al., Respondents

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

December 10, 1996

We agree with the motion court that enforcement of the clause in the car rental agreement purporting to prohibit use of the rental car in New York State is precluded on public policy grounds as being "unreasonable and unrealistic" (Koreman v Chrysler Fin. Corp., 199 A.D.2d 181). Defendant lessor knew or should have known of the great likelihood that a car rented in Massachusetts would be driven to neighboring New York, and thus defendant...

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