Opinion
February 19, 1991
Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).
Plaintiff's decedent, Andrew Fried, was killed, and defendant Seippel was injured, in a motor vehicle accident in Jamaica, West Indies.
The vehicle was leased from West Indies Car Rental (WICR), nominally a licensee of defendant Avis Rent-A-Car System, Inc. (Avis). Summary judgment in favor of defendant Avis was properly denied, as issues of fact exist as to whether Avis, although not the owner of the vehicle, is precluded, by virtue of its relationship with defendant WICR, from disclaiming liability. (See, Fogel v Hertz Intl., 141 A.D.2d 375.)
We further note that since a wrongful death action may only be brought by the administrator of the decedent (Bonilla v Abbott, 113 A.D.2d 861, 862), plaintiff's "individual" cause of action must be dismissed.
Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Rubin, JJ.