Sigaran v ELRAC, Inc.

State: New York

Docket No: 2008 NY Slip Op 52569(U)

Case Date: 12/23/2008

Plaintiff: Sigaran

Defendant: ELRAC, Inc.

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Decided on December 23, 2008
Supreme Court, Bronx County

350273-2008

APPEARANCES: For Plaintiffs
Adam Ashe, Esq.
For Defendants ELRAC, Inc. and Edwin Fernandez
James M. Carman, Esq.

Dominic R. Massaro, J.
Defendant ELRAC, Inc., a corporation involved in the business of renting motor vehicles, and Defendant Edwin Fernandez, who rented a car from this corporation, move for an Order, pursuant to CPLR Rule 3211(a)(7), dismissing the instant complaint based upon Plaintiffs' failure to state a cause of action against the corporate defendant. The motion is granted.
Specifically, Movants argue that Plaintiffs failed to state a cause of action against the corporate Defendant for negligence because federal law, i.e., the "Graves Amendment" (49 USC

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