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PANTONE, INC. v. HERTZ AUTOVERMIETUNG

No. 77 Civ. 1828 (CMM).

575 F.Supp. 789 (1983)

PANTONE, INC. and Lawrence Herbert, Plaintiffs, v. HERTZ AUTOVERMIETUNG GmbH and Hertz France, S.A., Defendants.

United States District Court, S.D. New York.

October 31, 1983.

Attorney(s) appearing for the Case

Bernstein, Obstfeld & Schwed, New York City, for plaintiffs; Lawson Bernstein, Wilfried Witthuhn, Walter, Conston & Schurtman, P.C., New York City, of counsel.

Mendes & Mount, New York City, for defendants; Joan S. O'Brien, New York City, Dr. Henrich Luebbert, of counsel.

METZNER, District Judge:

Section 7 of the rental agreement between Pantone, Inc. (Pantone) and Hertz Autovermietung GmbH (Hertz) contains a disclaimer clause which defendant asserts bars recovery in this case by Pantone. The Pantone claim arises under the contractual concept of pVV in German law. This concept is fully discussed in this court's opinion of October 5, 1983, 572 F.Supp. 748. The clause reads as follows:

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