TRAVALJA v. TOURS

Unlike Fogel v. Hertz Intl. ( 141 A.D.2d 375) on which plaintiffs rely, the car rental voucher issued to plaintiffs clearly indicates that defendant Europa Cars was an independent contractor and not defendant Maieliano Tours' agent, and thus cannot "serve as a basis for vicarious liability" on the latter's part (supra, at 376). Nor do plaintiffs come forward with any evidence of advertising by defendant Maieliano of the type that was found in Fogel (supra, at 376) "to constitute a holding out to the public" sufficient to raise an issue whether vicarious liability could be established through an estoppel.

Concur — Murphy, P.J., Sullivan, Rosenberger and Ross, JJ.