Master Cars, Inc. v. Walters

Pigott, Jr., and Hurlbutt, JJ.

(dissenting in part). We respectfully dissent in part. We cannot agree with the majority’s conclusion that Supreme Court properly granted the motion of Gary A. Walters (defendant) for summary judgment dismissing the complaint against him. In our view, the majority has failed to distinguish between a “renter” and an “authorized driver”. *944While the term “authorized driver” includes the renter, if a licensed driver (see, General Business Law § 396-z [1]), the terms are not synonymous.

We agree with the majority that permitting the unauthorized use of the leased…