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Travalja v. Tours

Appellate Division of the Supreme Court of New York, First Department
Mar 2, 1995
213 A.D.2d 155 (N.Y. App. Div. 1995)

Opinion

March 2, 1995

Appeal from the Supreme Court, New York County (Bruce Wright, J.).


Unlike Fogel v. Hertz Intl. ( 141 A.D.2d 375) on which plaintiffs rely, the car rental voucher issued to plaintiffs clearly indicates that defendant Europa Cars was an independent contractor and not defendant Maieliano Tours' agent, and thus cannot "serve as a basis for vicarious liability" on the latter's part (supra, at 376). Nor do plaintiffs come forward with any evidence of advertising by defendant Maieliano of the type that was found in Fogel (supra, at 376) "to constitute a holding out to the public" sufficient to raise an issue whether vicarious liability could be established through an estoppel.

Concur — Murphy, P.J., Sullivan, Rosenberger and Ross, JJ.


Summaries of

Travalja v. Tours

Appellate Division of the Supreme Court of New York, First Department
Mar 2, 1995
213 A.D.2d 155 (N.Y. App. Div. 1995)
Case details for

Travalja v. Tours

Case Details

Full title:ALBINO TRAVALJA et al., Appellants, v. MAIELIANO TOURS, Respondent, et…

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

Date published: Mar 2, 1995

Citations

213 A.D.2d 155 (N.Y. App. Div. 1995)
622 N.Y.S.2d 961

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