Ahmad v. Ennab

*638The plaintiffs were involved in an automobile accident in Israel while passengers in a rented car. They claim that Budget Rent A Car is liable under theories of apparent authority, implied agency and holding out to the public through advertising that it was the lessor of the subject vehicle.

Without giving notice to the parties of its intention to do so, the court treated the cross motion to dismiss as one for summary judgment and granted judgment in favor of Budget Rent A Car. This was error (see, CPLR 3211 [c]). However, the plaintiffs thereafter moved for reargument, at which time they had…