Morris v. Snappy Car Rental, Inc.

Callahan, J. P. (dissenting).

The majority opinion states that "Snappy’s position, that a car rental agency and its customers should be free to contract away this statutorily imposed liability, is contrary to public policy.” It also states that "Snappy’s attempt to shift the costs of plaintiff’s injuries onto plaintiff herself by means of an indemnity agreement is but another effort by a rental agency to limit the application of the statute” (see, Vehicle and Traffic Law § 388). We agree.

The majority concludes, however, that, by use of the indemnity agreement, Snappy may limit its exposure in…