Opinion
September 16, 1975
Order, Supreme Court, Bronx County, entered May 2, 1975, unanimously affirmed. Respondents shall recover of appellant one bill of $40 costs and disbursements. The court correctly decided, on the law and the facts, that the defendant, the Hertz Corporation, lessor of the truck involved in this accident and a self-insurer, should be required to defend the action for wrongful death and personal injury. (MVAIC v Continental Nat. Amer. Group Co., 35 N.Y.2d 260; Vehicle and Traffic Law, § 388.)
Concur — Stevens, P.J., Markewich, Kupferman, Capozzoli, and Nunez, JJ.