Collazo v. MTA-New York City Transit

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered November 12, 2009, which, in an action for personal injuries sustained when a bus in which plaintiffs were passengers was involved in a collision with a truck rented by de*643fendant Cancel from defendant U-Haul Co. of Arizona (U-Haul), denied U-Haul’s motion to dismiss the complaint, unanimously affirmed, without costs.

The motion was properly denied because while the Federal Transportation Equity Act of 2005 (49 USC § 30106) (Graves Amendment) bars negligence claims against car-rental companies based solely on a theory of…