Opinion
April 27, 1998
Appeal from the Supreme Court, Queens County (Dye, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly found that the defendants established their entitlement to judgment as a matter of law ( see, CPLR 3212 [b]). The defendant Avis Rent-A-Car System, Inc., demonstrated that it did not own the vehicle that struck the plaintiffs' decedent and, therefore, there is no basis to hold it vicariously liable pursuant to Vehicle and Traffic Law § 388. The defendant Drive Park, Inc., which admitted ownership of the vehicle, is similarly free from vicarious liability inasmuch as it established that the driver, who was subsequently charged with second degree murder in connection with this incident, intentionally ran down the plaintiffs' decedent. Vehicle and Traffic Law § 388 provides that an owner of a vehicle will be vicariously liable only for the negligence of permissive users, and Drive Park, Inc., cannot be held liable for the unforeseeable intentional act of the driver ( see, Olin v. Moore, 178 A.D.2d 517).
The plaintiffs' remaining contentions are without merit.
Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.