ELRAC, INC. v. HUGHES


186 Misc.2d 67 (2000)

715 N.Y.S.2d 304

ELRAC, INC., Doing Business as ENTERPRISE RENT-A-CAR, Plaintiff, v. KARA HUGHES, Defendant.

District Court of Nassau County, First District.

October 24, 2000.


Attorney(s) appearing for the Case

Leonard B. Feldman, Smithtown, for defendant.

Norych & Tallis, Brooklyn, for plaintiff.


OPINION OF THE COURT

MICHAEL S. ALONGE, J.

This action is brought under General Business Law § 396-z and raises a unique question: Does taking a rented automobile out of State in violation of a standard rental agreement constitute "wanton and willful conduct" sufficient to make the customer liable if the vehicle is stolen and incurs property damage? There are no cases on point.

The circumstances giving...

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