Luna v. Hyundai Motor America

Order and judgment (one paper), Supreme Court, New York County (Karen S. Smith, J.), entered August 25, 2004, which, in an action for personal injuries sustained by plaintiff while a passenger in a car she had rented from defendant-appellant car rental company, insofar as appealed from, dismissed, prior to trial and as a matter of law, appellant’s counterclaim against plaintiff for indemnification, unanimously affirmed, with costs.

Relying on Morris v Snappy Car Rental (84 NY2d 21 [1994]), appellant took the position that plaintiff had covenanted not to sue it and that, under the rental…