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CINTRONE v. HERTZ TRUCK LEASING, ETC.

45 N.J. 434 (1965)

212 A.2d 769

FRANCISCO CINTRONE, PLAINTIFF-APPELLANT, v. HERTZ TRUCK LEASING & RENTAL SERVICE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Argued March 16, 1965.

Decided August 4, 1965.

Attorney(s) appearing for the Case

Mr. Bernard Chazen argued the cause for plaintiff-appellant (Messrs. Baker, Garber & Chazen, attorneys).

Mr. Sanford E. Chernin argued the cause for defendant-respondent (Messrs. Krowen, D'Amico & Chernin, attorneys).

Mr. Samuel H. Nelson filed a brief on behalf of Avis Rent A Car System, Inc., amicus curiae.

Messrs. Sidney M. Schreiber, Roger F. Lancaster and Gerald W. Conway filed a brief on behalf of Ava Truck Leasing, Inc., amicus curiae (Messrs. Schreiber, Lancaster & Demos, attorneys).

The opinion of the court was delivered by FRANCIS, J.

Plaintiff Francisco Cintrone was injured while a passenger in a truck leased by his employer from the defendant. In his complaint in this action he charged that the accident in which he was injured resulted from defendant's negligent inspection or maintenance of the leased vehicle or from a breach of defendant's warranty that the vehicle was fit and safe for use. (Whether...

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