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CHAPPELEAR v. DOLLAR RENT-A-CAR SYSTEMS, INC.

33 A.D.3d 513 (2006)

823 N.Y.S.2d 50

JENNIFER L. CHAPPELEAR, Appellant, v. DOLLAR RENT-A-CAR SYSTEMS, INC., Respondent, et al., Defendants.

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

Decided October 24, 2006.

Plaintiff was injured when the taxi in which she was riding was struck in the rear by a vehicle owned by Dollar and operated by defendant Gilchrist. Dollar's dismissal motion was on the ground that Gilchrist did not have its consent, express or implied, to operate the vehicle. Plaintiff argues that issues of fact precluded summary disposition of the case against Dollar, and that dismissal conflicted with our prior decision in this case (5 A.D.3d 187

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