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BERNSTEIN v. DIAZ

27 A.D.3d 602 (2006)

812 N.Y.S.2d 597

HOWARD M. BERNSTEIN et al., Respondents, v. MICHAEL DIAZ, Respondent, et al., Defendant, and ELRAC, INC., Appellant.

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

March 21, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

The injured plaintiff sustained injuries when the vehicle he was driving collided with a car driven by the defendant Michael Diaz. The car had been rented by the defendant Denise Argo from the defendant ELRAC, Inc. (hereinafter ELRAC). ELRAC and Argo moved for summary judgment dismissing the complaint and the cross claim asserted by Diaz. ELRAC contended that it could not be held vicariously...

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