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ELRAC, INC. v. GIORDANO

177 Misc.2d 545 (1998)

676 N.Y.S.2d 889

Elrac, Inc., Doing Business as Enterprise Rent a Car, Respondent, v. Jennifer Giordano, Appellant, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

May 20, 1998

Attorney(s) appearing for the Case

Montfort, Healy, McGuire & Salley, Garden City (E. Richard Rimmels, Jr., of counsel), for appellant. Norych & Tallis, Brooklyn, for respondent.

KASSOFF, P. J., ARONIN and CHETTA, JJ., concur.

MEMORANDUM.

Order unanimously reversed without costs, motion granted and complaint dismissed as to defendant Giordano.

This action sought recovery for damages to plaintiff's vehicle from the renter Giordano and the driver Piazza upon a claim that the renter permitted an unauthorized driver to operate the vehicle. Giordano moved for summary judgment asserting that General Business Law § 396-z precluded recovery...

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