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Platt v. Hertz Corp.

66 Misc. 2d 505 Court Supreme Court, Appellate Term, First Department, Decision date 1971-04-20 English

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p. 505
Edward Platt, Respondent, v. Hertz Corp., Appellant, et al., Defendant.
Supreme Court, Appellate Term, First Department,
April 20, 1971.
p. 506
Cymrot, Wolin & Simon (Benjamin Heller of counsel), for appellant. Freeman & Smith (Ronald W. Freeman of counsel), for respondent.

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., Quran and Lupiano, JJ.

Order reversed,, etc.

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