New York Court of Appeals

Dorothy Fried v. Alexander Seippel, and Avis…

June 4, 199280 N.Y.2d 32

Summary

The Court of Appeals held that New York Vehicle and Traffic Law § 388 does not apply to accidents involving vehicles that were never registered, used, or operated in New York, thereby dismissing the claims against Avis and National Car Rental. It also held that the plaintiffs’ negligence theory against lessee Kalmanoff was not barred by pleading deficiencies, so his summary‑judgment motion was properly denied.