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HALL v. ELRAC, INC.

52 A.D.3d 262 (2008)

859 N.Y.S.2d 641

JAWAUN CRAIG HALL, Appellant, v. ELRAC, INC., Doing Business as ENTERPRISE RENT A CAR, Respondent, and UNITED STATES OF AMERICA, Intervenor-Respondent, et al., Defendants.

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

Decided June 10, 2008.

Plaintiff's vicarious liability claims against respondent are barred by 49 USC § 30106, the "Graves Amendment." We reject plaintiff's argument that the Graves Amendment violates the Commerce Clause of the US Constitution (Graham v Dunkley, 50 A.D.3d 55 [2d Dept 2008], appeal dismissed 10 N.Y.3d 835 [2008] [no substantial constitutional question involved], revg

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