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ELRAC LLC v. DUQUE

570039/16

52 Misc.3d 30 (2016)

35 N.Y.S.3d 627

2016 NY Slip Op 26169

ELRAC LLC, Formerly Known as ELRAC, INC., Doing Business as ENTERPRISE LEASING COMPANY, Also Known as EAN HOLDINGS, INC., Respondent, v. JESSENIA DUQUE, Appellant.

Supreme Court, Appellate Term, First Department.

Decided May 31, 2016.

Attorney(s) appearing for the Case

Cheven Keely & Hatzis, New York City ( Jason Levine of counsel), for appellant.

Carman, Callahan & Ingham, LLP, Farmingdale ( Michael F. Ingham of counsel), for respondent.

OPINION OF THE COURT

Judgment, entered on or about February 26, 2015, reversed, with $30 costs, and complaint dismissed.

Defendant rented a car from plaintiff, a self-insured company commonly known as Enterprise Rent-A-Car. The rental agreement provided, inter alia, that Enterprise furnishes "its renters and authorized drivers...

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