Opinion
November 21, 1994
Appeal from the Supreme Court, Suffolk County (Oshrin, J.).
Ordered that the order and judgment is affirmed, with one bill of costs.
The instant action arose when the plaintiff was injured while riding as a passenger in a vehicle driven by her coemployee, the defendant Caracciolo, during a business trip in Georgia. Both the plaintiff and Caracciolo are New York residents and the plaintiff received New York Workers' Compensation benefits. The owner of the car, the defendant Avis Rent A Car Systems, Inc. (hereinafter Avis), is incorporated in New York but the vehicle was registered in Georgia.
The Supreme Court correctly held that under New York law, the plaintiff cannot recover against Avis for the negligence of Caracciolo, who is statutorily immune from suit under the Workers' Compensation Law (see, Kenny v. Bacolo, 61 N.Y.2d 642; Jaglall v. Supreme Petroleum Co., 185 A.D.2d 971, 972; Knach v Weiss, 176 A.D.2d 564).
Furthermore, it is clear that Georgia law would not hold Avis vicariously liable for the negligence of Caracciolo under the circumstances of this case (see generally, Wingard v. Brinson, 212 Ga. App. 640, 442 S.E.2d 485; Thomason v. Harper, 162 Ga. App. 441, 289 S.E.2d 773; Graham v. Cleveland, 58 Ga. App. 810, 200 S.E. 184).
Since we agree with the conclusion arrived at by the Supreme Court that the defendant Avis was not liable under either New York or Georgia law, we decline to reach the choice of law issue. Sullivan, J.P., Rosenblatt, Pizzuto and Altman, JJ., concur.