Hertz Corp. v. City of New York

607 N.E.2d 784, 80 N.Y.2d 565, 592 N.Y.S.2d 637, 1992 N.Y. LEXIS 4238
New York Court of Appeals·Decided December 22, 1992·Published·Cited by 11 cases

Opinion

OPINION OF THE COURT

Smith, J.

Pursuant to section 500.17 of the Rules of the Court of Appeals (22 NYCRR 500.17), the United States Court of Appeals for the Second Circuit has certified to this Court the following question:

“whether New York State legislation addressing car rental practices sets forth a sufficiently comprehensive scheme of regulations to preempt further legislation in the field by the municipalities of the state.” (967 F2d 54, 57.)

The question certified is answered in the negative for the reasons that follow.

The Hertz Corporation (Hertz), a Delaware corporation authorized to do business in the State of New York, is engaged in the business of renting vehicles to customers in New York and throughout the country. On January 2, 1992, Hertz announced that it would increase the daily rental rates it charges in the New York City area by $56 for residents of the Bronx, $34 for residents of Brooklyn, $3 for residents of Manhattan and $15 for residents of Queens to offset excess liability losses attributable to renters from those boroughs. In response, the New York City Council adopted a local law

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Hertz Corp. v. City of New York, 607 N.E.2d 784, 80 N.Y.2d 565, 592 N.Y.S.2d 637, 1992 N.Y. LEXIS 4238 (N.Y. 1992).

607 N.E.2d 784 (Hertz Corp. v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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