Opinion
November 14, 1994
Appeal from the Supreme Court, Suffolk County (Luciano, J.).
Ordered that the appeal from the order entered April 16, 1993, is dismissed, without costs or disbursements, as that order was superseded by the order entered August 17, 1993, made upon reargument, and it is further,
Ordered that the order entered August 17, 1993, is affirmed insofar as appealed from, without costs or disbursements.
In the companion appeal of Hassett v. Budget Rent A Car ( 209 A.D.2d 472 [decided herewith]), we granted summary judgment to the defendant Frank Hassett. Since Hassett is not liable, Budget Rent A Car of Florida, Inc., may not be held vicariously liable. Rosenblatt, J.P., Ritter, Copertino and Florio, JJ., concur.