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ELRAC, INC. v. McDONALD

186 Misc.2d 830 (2001)

720 N.Y.S.2d 912

ELRAC, INC., Doing Business as ENTERPRISE RENT-A-CAR, Plaintiff, v. PEYTON McDONALD, Defendant.

Supreme Court, Nassau County.

January 24, 2001.

Attorney(s) appearing for the Case

Christopher A. Jeffreys, P. C., Melville (Glenn H. Egor of counsel), for plaintiff.

Peter J. Creedon & Associates, Garden City (Catherine F. Cavanagh of counsel), for defendant.

OPINION OF THE COURT

DANIEL PALMIERI, J.

Plaintiff's motion for summary judgment as to its claim of contractual indemnification is granted in the amount of $15,215 and denied as to its claim for common-law indemnification.

The uncontroverted moving papers disclose that plaintiff rented a motor vehicle to defendant pursuant to a written agreement, the vehicle was involved in a traffic accident with another vehicle while driven by a person other than...

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