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VILLAMIL v. BUDGET RENTAL

281 A.D.2d 207 (2001)

721 N.Y.S.2d 638

JOSE L. VILLAMIL, Respondent, v. BUDGET RENTAL et al., Appellants, et al., Defendant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 8, 2001.

The complaint alleges that, on April 12, 1996, the 1981 Chevrolet sedan driven by plaintiff Jose Villamil was struck at the intersection of Tinton Avenue and 160th Street in the Bronx by a 1996 Ford Explorer owned by Budget. The Budget defendants moved for summary judgment dismissing the complaint against them, arguing that the vehicle was operated without permission. Therefore, they contend, they cannot be held vicariously liable for plaintiff's injuries (Vehicle and Traffic...

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