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MASTER CARS v. WALTERS

95 N.Y.2d 395 (2000)

740 N.E.2d 1081

718 N.Y.S.2d 7

MASTER CARS, INC., Doing Business as AMERICAR RENTAL SYSTEM, Appellant, v. GARY A. WALTERS, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided November 16, 2000.

Attorney(s) appearing for the Case

Primo, Primo & Kirwan, L. L. P., Liverpool (Terry J. Kirwan, Jr., of counsel), for appellant.

Mackenzie Smith Lewis Michell & Hughes, L. L. P., Syracuse (Stephen T. Helmer, David M. Garber and Deborah E. Moore of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur.

OPINION OF THE COURT

ROSENBLATT, J.

Defendant Gary Walters rented a car. After an acquaintance allegedly stole the car and totaled it, the rental company sued Walters for the damage. General Business Law § 396-z prohibits a rental company from holding an "authorized driver" liable for damage to the rental car in excess of $100. The question before us is whether that limitation applies when someone other than...

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