SWEENEY v. HERTZ CORPORATION


292 A.D.2d 286 (2002)

740 N.Y.S.2d 19

GLEN A. SWEENEY, as Executor of VALERIE R. SWEENEY, Deceased, et al., Plaintiffs, v. HERTZ CORPORATION, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. GLENAL A. SWEENEY, Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

Decided March 26, 2002.


Plaintiff Glen A. Sweeney (plaintiff) was operating a Ford Aerostar minivan, which was rented from defendant and third-party plaintiff The Hertz Corporation (Hertz), when he was involved in a single vehicle accident on Interstate 95 in Rocky Mount, North Carolina. At the time the accident occurred, plaintiff's wife, Valerie, was seated in the front passenger seat and his son, plaintiff Jamal Sweeney, was occupying the rear driver's side seat. Plaintiff maintains that the...

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