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NATASHA FERGUSON, plfap, v. DOLLAR RENT A CAR, INC. def-res, RIDE SHARE SYSTEMS, LLC, def

9100. NATASHA FERGUSON, plfap, v. DOLLAR RENT A CAR, INC. def-res, RIDE SHARE SYSTEMS, LLC, def — Godosky & Gentile, P.C., New York (Emily Kern of counsel), for ap — Callan Koster Brady & Brennan, LLP, New York (David A. LoRe of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered February 28, 2012, which granted defendants Dollar Rent A Car, Inc. and Auto Rental, LLC's motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

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9100. NATASHA FERGUSON, plfap, v. DOLLAR RENT A CAR, INC. def-res, RIDE SHARE SYSTEMS, LLC, def — Godosky & Gentile, P.C., New York (Emily Kern of counsel), for ap — Callan Koster Brady & Brennan, LLP, New York (David A. LoRe of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered February 28, 2012, which granted defendants Dollar Rent A Car, Inc. and Auto Rental, LLC’s motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Plaintiff alleges that she was wrongfully arrested and detained after defendants negligently rented to her acquaintance a vehicle that had been reported as stolen by another customer and negligently failed to report to the police that the vehicle had been returned. She was arrested while behind the wheel of the vehicle. On appeal, plaintiff argues that, notwithstanding the allegations of false arrest and wrongful imprisonment, the gravamen of her complaint is negligence. The theory of her claim is that, in failing to exercise reasonable care in performing their contractual duties, i.e., by renting the vehicle without notifying the police that it had been returned, defendants “‘launche[d] a force or instrument of harm’” (see Espinal v. Melville Snow Contrs. (98 NY2d 136, 140 [2002]).

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