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CAMPBELL v. BONNE ANNGE

260 A.D.2d 526 (1999)

688 N.Y.S.2d 233

KEVIN CAMPBELL, Plaintiff, v. JOSEPH E. BONNE ANNGE et al., Defendants, and ELRAC, INC., Doing Business as ENTERPRISE RENT-A-CAR, Defendant and Third-Party Plaintiff-Respondent. MICHAEL SWEENEY, Third-Party Defendant-Appellant. (Action No. 1.) JOSEPH E. BONNE ANNGE, Plaintiff, v. KEISHA C. RICHARDS, Defendant, and ELRAC, INC., Doing Business as ENTERPRISE RENT-A-CAR, Defendant and Third-Party Plaintiff-Respondent. MICHAEL SWEENEY, Third-Party Defendant-Appellant. (Action No. 2.)

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

Decided April 19, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant rented a car from the respondent ELRAC, Inc., d/b/a Enterprise Rent-A-Car (hereinafter ELRAC). He then permitted his girlfriend, Keisha C. Richards, to sit in the car and subsequently to move it when directed by the police. While Richards was moving the car, she was involved in an accident. The plaintiffs sued, among others, ELRAC, which in turn sued the appellant. ELRAC contended...

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