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ELRAC, INC. v. MASARA

96 N.Y.2d 847 (2001)

753 N.E.2d 855

729 N.Y.S.2d 60

ELRAC, INC., Doing Business as ENTERPRISE RENT-A-CAR, Respondent, v. AMNODIA MASARA et al., Appellants.

Court of Appeals of the State of New York.

Decided June 14, 2001.

Attorney(s) appearing for the Case

Stuart M. Herz, Garden City, for appellants.

Law Offices of Christopher A. Jeffreys, P. C., Melville (Christopher A. Jeffreys of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Defendant Amnodia Masara rented a car from ELRAC and signed a standard clause in the company's rental agreement promising to indemnify ELRAC for any damage caused by her use of the vehicle. When she rented the car, Masara declined to purchase insurance from ELRAC that was offered for an added fee. In addition...

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