Appellate Division of the Supreme Court of New York, 1996

Brown v. Agency Rent-a-Car

Appellate Division of the Supreme Court of New York · Decided December 10, 1996

234 A.D.2d 82; 650 N.Y.S.2d 220; 1996 N.Y. App. Div. LEXIS 12395

Cases that cite this one

1 later published case cites this decision.

Hannibal v. Kimbeni (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about April 9, 1996, which denied defendant Agency Rent-A-Car’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

We agree with the motion court that enforcement of the clause in the car rental agreement purporting to prohibit use of the rental car in New York State is precluded on public policy grounds as being "unreasonable and unrealistic” (Koreman v Chrysler Fin. Corp., 199 AD2d 181). Defendant lessor knew or should have known of the great likelihood that a car rented in Massachusetts would be driven to neighboring New York, and thus defendant cannot avoid its responsibilities under Vehicle and Traffic Law § 388. Concur—Rosenberger, J. P., Ross, Williams, Mazzarelli and Andrias, JJ.

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