Plaintiff was allegedly injured in an automobile accident in California in a vehicle rented to him in that state by defendant. Inasmuch as it is undisputed that the vehicle was never used or operated in New York, New York's vicarious liability statute (Vehicle and Traffic Law § 388) is expressly inapplicable and plaintiff's reliance upon it is unavailing. Application of the California statute, the only potentially applicable vicarious liability provision, was proper...
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