STANLEY v. EZ RENT A CAR


254 A.D.2d 112 (1998)

679 N.Y.S.2d 287

Marcus Stanley, Appellant-Respondent, v. Ez Rent a Car, Defendant, William E. Hajek et al., Respondents, and Roxanne L. Williams, Respondent-Appellant. (And a Third-Party Action.)

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

October 15, 1998


The record discloses only that the vehicle driven by defendant William Hajek was traveling in front of the vehicle in which plaintiff was a passenger when plaintiff felt a bump and that the vehicle in which plaintiff was riding thereafter swerved off the road. Plainly, no inference of negligence respecting the Hajek defendants can be drawn from this scant evidentiary base. Accordingly, since defendants-respondents met their burden of demonstrating a prima facie entitlement...

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