Justice David Schmidt
Zipcar and Donlen Corp. moved for dismissal of plaintiffs’ complaint in which plaintiffs sought to recover damages for personal injuries they sustained in a two-car collision. Plaintiffs were passengers in the first vehicle which was owned by Donlen, who leased it to Zipcar, and was rented by Josaphat. Plaintiffs asserted claims against Zipcar and Donlen under Vehicle and Traffic Law §388, which imposed vicarious liability on a lessor of a vehicle for the negligence of the driver. Zipcar raised the affirmative defense of the Graves Amendment, which prohibited claims for vicarious liability against car rental companies. The court found evidence showed Zipcar and Donlen were professional lessors and renters of vehicles, finding they made a prima facie showing of entitlement to summary judgment dismissing plaintiffs’ vicarious liability claim. Second driver Shehzad argued questions of fact existed if a rental agreement existed between Zipcar and Josaphat claiming the Zipcar membership contract indicated the car was not being operated under a rental agreement, but used via a vehicle sharing program. Yet, the court found defendants’ evidence showed they satisfied all elements of the Graves Amendment and were entitled to its protection.
