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LUNA v. HYUNDAI MOTOR AMERICA

25 A.D.3d 321 (2006)

808 N.Y.S.2d 38

NERIS LUNA, Respondent, v. HYUNDAI MOTOR AMERICA et al., Defendants, and DOLLAR RENT-A-CAR SYSTEMS, INC., Appellant.

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

January 3, 2006.

Relying on Morris v Snappy Car Rental (84 N.Y.2d 21 [1994]), appellant took the position that plaintiff had covenanted not to sue it and that, under the rental agreement, plaintiff must indemnify it for any amount that she recovers against it in excess of the minimum amount of liability insurance that it was required to obtain under state law as owner of the car. In effect, appellant is...

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