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SHORTER v. LUXURY AUTO RENTALS, INC.

234 A.D.2d 158 (1996)

651 N.Y.S.2d 465

Charise Shorter et al., Respondents, v. Luxury Auto Rentals, Inc., et al., Appellants, et al., Defendants

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

December 19, 1996

In this personal injury action, the parties dispute the identity of the driver at the time a rental car struck and injured plaintiff Charise Shorter. Plaintiffs maintain that one of the authorized drivers on the rental agreement was driving at the time, while it is defendants' position that the car had been stolen. At issue on this appeal is whether the motion court's decision precluding the insurance carrier (the real party in...

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