Benavides v. Value Rent-A-Car, Inc.

Appellate Division of the Supreme Court of New York

Benavides v. Value Rent-A-Car, Inc.

230 A.D.2d 814, 646 N.Y.S.2d 632, 1996 N.Y. App. Div. LEXIS 8563

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

DecidedAugust 19, 1996

StatusPublished

This text of 230 A.D.2d 814 (Benavides v. Value Rent-A-Car, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benavides v. Value Rent-A-Car, Inc., 230 A.D.2d 814, 646 N.Y.S.2d 632, 1996 N.Y. App. Div. LEXIS 8563 (N.Y. Ct. App. 1996).

Pincite

Opinion

—In a negligence action to recover damages for personal injuries, etc., the defendant Value Rent-A-Car, Inc., appeals from an order of the Supreme Court, Queens County (Dye, J.), dated June 6, 1995, which denied its motion for summary judgment dismissing the plaintiff’s complaint insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Value Rent-A-Car, Inc., and the action against the remaining defendant is severed.

The defendant Value Rent-A-Car, Inc. (hereinafter Value) submitted sufficient proof to establish that the vehicle owned by it was being driven without its permission and consent at the time of the accident at issue. The plaintiffs failed to submit any proof to rebut Value’s prima facie entitlement to summary judgment. Under the circumstances, Value was not liable for the injuries sustained by the plaintiff Jose Manuel Benavides (see, Vehicle and Traffic Law § 388 [1]; Albouyeh v County of Suffolk, 62 NY2d 681). Rosenblatt, J. P., Ritter, Pizzuto and Hart, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a negligence action to recover damages for personal injuries, etc., the defendant Value Rent-A-Car, Inc., appeals from an order of the Supreme Court, Queens County (Dye, J.), dated June 6, 1995, which denied its motion for summary judgment dismissing the plaintiff’s complaint insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Value Rent-A-Car, Inc., and the action against the remaining defendant is severed.

The defendant Value Rent-A-Car, Inc. (hereinafter Value) submitted sufficient proof to establish that the vehicle owned by it was being driven without its permission and consent at the time of the accident at issue. The plaintiffs failed to submit any proof to rebut Value’s prima facie entitlement to summary judgment. Under the circumstances, Value was not liable for the injuries sustained by the plaintiff Jose Manuel Benavides (see, Vehicle and Traffic Law § 388 [1]; Albouyeh v County of Suffolk, 62 NY2d 681). Rosenblatt, J. P., Ritter, Pizzuto and Hart, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

230 A.D.2d 814, 646 N.Y.S.2d 632, 1996 N.Y. App. Div. LEXIS 8563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benavides-v-value-rent-a-car-inc-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack