Thomas v. Small

Kooper, J.,

dissents and votes to affirm the order insofar as appealed from, with the following memorandum, in which Lawrence, J., concurs.

*625The fatal one-car accident in question occurred in Peru, New York, in Clinton County, in November of 1983. The decedent, then 18 years old, was a passenger in a car leased from the defendant Marmac Leasing Co., Inc. (hereinafter Marmac) and driven by the defendant Dwayne Small. According to the police report, the accident occurred when the defendant Small lost control of the vehicle and struck a tree.

Prior to the accident, the deceased had resided in Kings…