Platt v. Hertz Corp.

Full title: EDWARD PLATT, Respondent, v. HERTZ CORP., Appellant, et al., Defendant

Court: Supreme Court, Appellate Term, First Department

Date published: Apr 20, 1971

66 Misc. 2d 505 (N.Y. App. Term 1971)

321 N.Y.S.2d 613

Opinion

April 20, 1971

Appeal from the Civil Court of the City of New York, County of New York, WILLIAM MERTENS, J.

Cymrot, Wolin Simon ( Benjamin Heller of counsel), for appellant.

Freeman Smith ( Ronald W. Freeman of counsel), for respondent.

Per Curiam.

Plaintiff has failed to show that defendant Hertz gave its express or implied permission to defendant Messina to drive the truck. Defendant may validly restrict the operation of its vehicle by an unlicensed driver pursuant to the terms of its written rental agreement signed by the lessee. ( Burmaster v. State of New York, 7 N.Y.2d 65, 70.)

The order should be reversed, with $10 costs, and motion denied.

Concur — GOLD, J.P., QUINN and LUPIANO, JJ.

Order reversed, etc.