Legal Opinion
Elrac, Inc. v. Giordano
Appellate Terms of the Supreme Court of New York
Decided May 20, 1998PublishedCited by 2 opinions
1Opinion of the Court
*546OPINION OF THE COURT
Memorandum.
Order unanimously reversed without costs, motion granted and complaint dismissed as to defendant Giordano.
This action sought recovery for damages to plaintiffs vehicle from the renter Giordano and the driver Piazza upon a claim that the renter permitted an unauthorized driver to operate the vehicle. Giordano moved for summary judgment asserting that General Business Law § 396-z precluded recovery.
The statute in question provides in pertinent part that an authorized driver of a motor vehicle for a term less than 30 days is not liable for actual damage to or loss…
2Cases cited2 opinions
- Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
- Metropolitan Life Insurance v. Noble Lowndes International, Inc.New York Court of Appeals · 1994
3Cited by2 opinions
- ELRAC, Inc. v. HughesNassau County District Court · 2000
- Hershenow v. Enterprise Rent-A-Car Co.Massachusetts Supreme Judicial Court · 2006