ELRAC, Inc. v. Hughes

OPINION OF THE COURT

Michael S. Alonge, J.

This action is brought under General Business Law § 396-z and raises a unique question: Does taking a rented automobile out of State in violation of a standard rental agreement constitute “wanton and willful conduct” sufficient to make the *68customer liable if the vehicle is stolen and incurs property damage? There are no cases on point.

The circumstances giving rise to this litigation arose when the defendant Kara Hughes rented a Dodge Neon from Enterprise Rent-A-Car in Baldwin, New York, on October 14, 1996. She drove the car to her father’s home in…