ELSON v. DEFREN


283 A.D.2d 109 (2001)

726 N.Y.S.2d 407

ROBERT ELSON et al., Respondents, v. KENNETH M. DEFREN et al., Appellants, and AVIS RENT-A-CAR, Respondent. HOWARD GOLDFRACHT et al., Respondents, v. KENNETH M. DEFREN et al., Appellants, and AVIS RENT-A-CAR, Doing Business as PV HOLDING CORP., et al., Respondents, et al., Defendant.

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

May 29, 2001.


Attorney(s) appearing for the Case

Brian J. Isaac of counsel, New York City (Ira Bartfield on the brief; Pollack, Pollack, Isaac & DeCicco and Queller, Fisher, Dienst, Serrins, Washor & Kool, L. L. P., attorneys), for Robert Elson and another, respondents.

Dan Schiavetta, Jr., of counsel, Lake Success (Steven J. Ahmuty, Jr., on the brief; Shaub, Ahmuty, Citrin & Spratt, L. L. P., and Cerussi & Spring, P. C., attorneys), for Kenneth M. Defren and others, appellants.

Stephanie M. Holzback of counsel, New York City (Nancy Lyness on the brief; White, Fleischner & Fino, attorneys), for Avis Rent-A-Car and others, respondents.

WILLIAMS, ANDRIAS, RUBIN and FRIEDMAN, JJ., concur.


OPINION OF THE COURT

SULLIVAN, P. J.

This lawsuit arises out of an automobile accident that occurred on January 20, 1998 near Coeur d'Alene, Idaho, when a 1998 Chevrolet Blazer driven by Kenneth M. Defren, on a business trip at the time for his employer, Rowland Worldwide, Inc., collided with a vehicle driven by Keith G. Roth, an Idaho resident, not a party to this litigation. Defren and Rowland are defendants...

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