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HERTZ CORP. v. CORCORAN

137 Misc.2d 403 (1987)

Hertz Corporation, Plaintiff, v. James P. Corcoran, as Superintendent of Insurance of the State of New York, Defendant.

Supreme Court, New York County.

September 22, 1987

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler for plaintiff. Robert Abrams, Attorney-General, for defendant.

MARTIN B. STECHER, J.

Plaintiff moves for summary judgment striking the denials in defendant's answer and dismissing the first of four counterclaims; and defendant cross-moves for summary judgment on its first counterclaim and dismissing the complaint (CPLR 3212, 3211 [a] [7]).

This is an action for a declaratory judgment. As the only issue is one of statutory interpretation, and there is no question...

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