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GARDNER v. RYDER TRUCK RENTAL, INC.

261 A.D.2d 505 (1999)

690 N.Y.S.2d 614

ALBERT GARDNER et al., Plaintiffs, v. RYDER TRUCK RENTAL, INC., Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. GOVERNMENT EMPLOYEES INSURANCE COMPANY et al., Third-Party Defendants-Respondents. (Action No. 1.) FREDERICK TOUSSAINT et al., Plaintiffs, v. RYDER TRUCK RENTAL CORP., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. GOVERNMENT EMPLOYEES INSURANCE COMPANY et al., Third-Party Defendants-Respondents. (Action No. 2.)

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

Decided May 17, 1999.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents.

Contrary to the contentions of the defendant third-party plaintiff Ryder Truck Rental, Inc. (hereinafter Ryder), the subject vehicle, a six-wheeled 1987 GMC box truck with a load capacity in excess of 2,000 pounds with a separate, enclosed storage area, rented by it to Saul Yabrow, a defendant in Action No. 1, was not...

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