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COLLAZO v. MTA-NEW YORK CITY TRANSIT

3109, 305183/09.

74 A.D.3d 642 (2010)

905 N.Y.S.2d 30

RUBEN COLLAZO et al., Respondents, v. MTA-NEW YORK CITY TRANSIT et al., Defendants, and U-HAUL CO. OF ARIZONA, Appellant.

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

Decided June 22, 2010.

The motion was properly denied because while the Federal Transportation Equity Act of 2005 (49 USC § 30106) (Graves Amendment) bars negligence claims against car-rental companies based solely on a theory of vicarious liability (see Hernandez v Sanchez, 40 A.D.3d 446, 447 [2007]), here, the complaint alleges, inter alia, negligent maintenance of U-Haul's truck. Such claim is not barred by the Graves Amendment since the statute...

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