56 N.Y.2d 989 | NY | 1982
OPINION OF THE COURT
Memorandum.
The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and defendant’s motion to dismiss the complaint granted.
The complaint against defendant National Car Rental should have been dismissed on defendant’s motion for failure to state a cause of action under the law of Vermont. There is no basis on this record for choosing New York’s law over that of Vermont, the site of the accident, for determining the question whether an owner is vicariously liable for the negligence of a driver operating a car with the owner’s consent. Plaintiff and her husband, the driver
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.
Judgment appealed from and order of the Appellate Division brought up for review reversed, etc.