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VILLA-CAPELLAN v. MENDOZA

16477, 308638/12

135 A.D.3d 555 (2016)

25 N.Y.S.3d 72

2016 NY Slip Op 00275

JOSE VILLA-CAPELLAN, Appellant, v. RIGOBERTO CRISTOBAL MENDOZA, Defendant, and U-HAUL COMPANY OF ARIZONA, Respondent.

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

Decided January 19, 2016.

On November 27, 2010, a vehicle owned by U-Haul and operated by defendant Mendoza collided with a vehicle owned and operated by plaintiff. Mendoza had rented the U-Haul vehicle on November 27, 2010, and returned it the following day.

Under the Graves Amendment, the owner of a leased or rented motor vehicle cannot be held vicariously liable "for harm to persons or property that results or arises out of the use, operation...

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