CENDANT CAR RENTAL GROUP v. LIBERTY MUTUAL INSURANCE COMPANY


48 A.D.3d 397 (2008)

852 N.Y.S.2d 190

CENDANT CAR RENTAL GROUP et al., Respondents, v. LIBERTY MUTUAL INSURANCE COMPANY et al., Appellants, et al., Defendant.

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

Decided February 5, 2008.


Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion for summary judgment is denied.

The defendant David Padilla, an employee of the plaintiff Graebel Companies, Inc., doing business as Graebel Movers, Inc. (hereinafter Graebel), was driving a truck rented from the plaintiff Budget Rent A Car Systems, Inc. (hereinafter Budget), when it was involved in an accident with another vehicle. A passenger in the other vehicle commenced a personal...

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