SZUMOWSKI v. PV HOLDING CORPORATION

6206, 109074/07

90 A.D.3d 415 (2011)

933 N.Y.S.2d 552

2011 NY Slip Op 8674

ZYGMUNT SZUMOWSKI et al., Respondents, v. PV HOLDING CORPORATION, Appellant.

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

Decided December 1, 2011.


Plaintiffs seek to impose vicarious liability on defendant PV Holding Corp. for injuries plaintiff Zygmunt Szumowski allegedly sustained during the course of his employment at Avis when an employee of Budget Rent A Car System, Inc. negligently operated a motor vehicle. Title to that vehicle was held by defendant. However, no liability may be imputed to defendant, because plaintiffs' "exclusive remedy" is workers' compensation (Workers' Compensation Law § 29 [6]; see...

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