ROWDEN v. NAT'L CAR RENTAL


36 A.D.2d 762 (1971)

Margaret C. Rowden, Respondent, v. National Car Rental, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 22, 1971


Order reversed, with $10 costs and disbursements, and motion denied.

Since the facts upon which plaintiff relies are clearly not within the appealing defendant's knowledge, summary judgment should not have been granted in favor of plaintiff (De France v. Oestrike, 8 A.D.2d 735; Goodman v. Mutual Broadcasting System, 16 Misc.2d 858, 861-862, affd. 10 A.D.2d 632...

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