Collazo v. MTA-New York City Transit — 74 A.D.3d 642

Majority

p. 642

Ruben Collazo et al., Respondents, v MTA-New York City Transit et al., Defendants, and U-Haul Co. of Arizona, Appellant.

[905 NYS2d 30]

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

p. 643

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.

Cases cited

Hernandez v. Sanchez 40 AD3d 446 N.Y. App. Div. 2007-05-22 at 447 p. 643

Statutes and regulations cited

Title 49— TRANSPORTATION
- § 30106 p. 643