TRAN v. AVIS RENT A CAR, INC.


289 A.D.2d 731 (2001)

734 N.Y.S.2d 662

THY TRAN, Respondent, v. AVIS RENT A CAR, INC., et al., Appellants.

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

Decided December 13, 2001.


Mugglin, J.

Plaintiff, her boyfriend, and defendant Bryan Yee, all domiciliaries of New York, were traveling on a cross country trip to California in a vehicle owned by and rented from defendant Avis Rent A Car System, Inc. (hereinafter Avis). At approximately 1:00 A.M. on Interstate Route 79, near Morgantown, West Virginia, plaintiff's boyfriend was in the rear seat, Yee was driving and plaintiff was in the front passenger seat. All three were wearing their seat...

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