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HAIGHT v. ESTATE OF HUMBERT DePAMPHILIS

5 A.D.3d 547 (2004)

772 N.Y.S.2d 833

RICHARD HAIGHT et al., Plaintiffs, v. ESTATE OF HUMBERT DePAMPHILIS, Deceased, Appellant, and ELRAC, INC., Respondent.

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

March 15, 2004.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

This action arises from a December 10, 1998, motor vehicle accident involving vehicles operated by the plaintiff Richard Haight and the decedent Humbert DePamphilis. At the time of the accident, DePamphilis operated a rented vehicle owned by the defendant ELRAC, Inc. (hereinafter ELRAC). DePamphilis signed a rental car agreement agreeing...

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