Collazo v. MTA-New York City Transit

74 A.D.3d 642, 905 N.Y.S.2d 30

Opinion

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered November 12, 2009, which, in an action for personal injuries sustained when a bus in which plaintiffs were passengers was involved in a collision with a truck rented by de fendant Cancel from defendant U-Haul Co. of Arizona (U-Haul), denied U-Haul’s motion to dismiss the complaint, unanimously affirmed, without costs.

The motion was properly denied because while the Federal Transportation Equity Act of 2005 (49 USC § 30106) (Graves Amendment) bars negligence claims against car-rental companies based solely on a theory of vicarious liability (see Hernandez v Sanchez, 40 AD3d 446, 447 [2007]), here, the complaint alleges, inter alia, negligent maintenance of U-Haul’s truck. Such claim is not barred by the Graves Amendment since the statute does not absolve leasing companies of their own negligence (see Novovic v Greyhound Lines, Inc., 2008 WL 5000228, *3, 2008 US Dist LEXIS 94176, *7-9 [ED NY 2008]).

We have considered U-Haul’s remaining arguments and find them unavailing. Concur—Tom, J.P., Mazzarelli, Sweeny, Freedman and Abdus-Salaam, JJ.