Legal Opinion · Dissent

Conte v. Aprea

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 2005Published

1Dissent

Tom, J.P.,

dissents in a memorandum as follows: A lease provision restricting use of the vehicle to “licensed, qualified operators” is reasonable, consistent with New York State law, promotes the strong public policy favoring freedom of contract *228and advances the legislative policy of heightening the degree of care owners are encouraged to exercise when selecting and supervising drivers whom they permit to operate their vehicles. Therefore, I respectfully dissent and would grant defendant Nissan Motor Acceptance Corporation’s (NMAC) dismissal motion.. Defendant Ribaudo leased a 1998 Nissan…

2Cases cited15 opinions

  1. Morris v. Snappy Car Rental, Inc.New York Court of Appeals · 1994
  2. Murdza v. ZimmermanNew York Court of Appeals · 2003
  3. Ruttenberg v. Davidge Data Systems Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Plath v. JustusNew York Court of Appeals · 1971
  5. Rolfe v. . HewittNew York Court of Appeals · 1920

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