Appellate Terms of the Supreme Court of New York, 1971

Platt v. Hertz Corp.

Appellate Terms of the Supreme Court of New York · Decided April 20, 1971

66 Misc. 2d 505; 321 N.Y.S.2d 613; 1971 N.Y. Misc. LEXIS 1686

Counsel

Cymrot, Wolin & Simon (Benjamin Heller of counsel), for appellant. Freeman & Smith (Ronald W. Freeman of counsel), for respondent.

Opinion of the Court

Per Curiam.

Plaintiff has failed to show that defendant Hertz gave its express or implied permission to defendant Messina to drive the truck. Defendant may validly restrict the operation of its vehicle by an unlicensed driver pursuant to the terms of its written rental agreement signed by the lessee. (Burmaster v. State of New York, 7 N Y 2d 65, 70.)

The order should be reversed, with $10 costs, and motion denied.

Concur — Gold, J. P., Quran and Lupiano, JJ.

Order reversed,, etc.

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