Chappelear v. Dollar Rent-A-Car Systems, Inc.

Order (denominated a judgment), Supreme Court, Bronx County (Betty Owen Stinson, J.), entered August 9, 2005, which granted defendant Dollar Rent-A-Car’s motion for a trial order of dismissal of the complaint against it, unanimously affirmed, without costs.

Plaintiff was injured when the taxi in which she was riding was struck in the rear by a vehicle owned by Dollar and operated by defendant Gilchrist. Dollar’s dismissal motion was on the ground that Gilchrist did not have its consent, express or implied, to operate the vehicle. Plaintiff argues that issues of fact precluded summary…