ULLERY v. NAT'L CAR RENTAL SYS., INC.


23 N.Y.2d 677 (1968)

Thomas Ullery, Appellant, v. National Car Rental System, Inc., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 14, 1968.


Attorney(s) appearing for the Case

Stanley E. Kooper for appellant.

John M. Cunneen and Andrew E. Brennan for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.


MEMORANDUM.

The order should be reversed and the defendant-respondent's motion for summary judgment denied, with costs. A triable issue is presented as to whether, in renting the car to plaintiff, defendant-respondent imposed as a condition on its use a requirement it be operated by Cameron. If this condition was actually imposed, the plaintiff did not have the complete legal control of the vehicle to bring the case within...

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